SHASHI AGGARWAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) This is a petition to quash the orders Annexures P2 and P4 passed by the competent authorities under the Capital of Punjab (Development and Regulation), Act, 1952 and the rules framed there- under. Prayer has also been made to set aside the judgment dated 5.8.1989 passed by the learned District Judge, Chandigarh dismissing the appeal filed by the petitioner against the order of ejectment dated 3.12.1987.

(2.) Perusal of the record shows that the initial order of resumption of the property in question was passed by the Assistant Estate Officer under Section 8- A of 1952 Act on the ground of misuse of premises i.e. use of residential premises for commercial purposes under the name and style of M/s Supreme Sales Syndicate.

(3.) Though the counsel for the petitioner has not appeared to argue the case on behalf of his client, Shri Ashok Aggarwal, Senior Advocate appearing for the respondent has very fairly informed the Court that by an order passed on 1.4.1997 the Chief Administrator has, on the basis of the statement made by the petitioner and the Law Officer of Chandigarh Administration, rescinded another order of resumption passed by the Assistant Estate Officer. Shri Aggarwal pointed out that as per the order of the Chief Administrator, the premises in question are not being misused. Shri Aggarwal also stated that as per the recent inspection report, the premises in question are being used for residential purposes except one room which is being used for commercial purposes.