RAM AVTAR Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) IN this civil writ petition, the petitioner seeks quashing of the notice dated 30.11.1983 (Annexure P-5) and orders dated 2.5.1984 (Annexure P-6), 31.10.1989 (Annexure P-9), 17.1.1990 (Annexure P-11) and 2.2.1990 (Annexure P-12) whereby booth No. 57, Sector 19-C, Chandigarh, which was allotted to respondent No. 3, has been resumed and appeal/revision etc. preferred against the said order of resumption has been dismissed. The petitioner also seeks a direction to the respondents not to resume the afore- stated booth and not to evict him therefrom.

(2.) THE facts may be noticed briefly.

(3.) ON payment of the entire sale consideration, Conveyance-Deed was executed between the Chandigarh Administration and the third respondent on 28.7.1959 (Annexure P-1). Clause 1(a) of the conveyance deed provides that the transferee shall enjoy the right of possession and enjoyment so long as he conforms to the terms and conditions of sale. Similarly, clause 4 provides that "the transferee shall within five years from the date of issue of allotment order, namely 15.2.1955, complete the construction of commercial building on the said site, xxx xxx xxx xxx." Likewise, clause 9 further provides as follows :-