ROSHAN LALL Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The orders Annexures P-2, P-7 and P-9 passed respectively by the Deputy Chief Administrator, the Chief Administrator and the Adviser to the Administrator, Union Territory, Chandigarh, under the Capital of Punjab (Development and Regulation) Act, 1952 and the rules made thereunder are under challenge in this petition filed by Roshan Lal.

(2.) Perusal of the record shows that tenement Set No. 702/3, Bapu Dham Colony, Sector 26 was allotted to Shri Ram Swaroop on 7.1.1978 under 'The licensing of Tenements and Transit Sites in Chandigarh Scheme, 1975'. Due to the non-payment of the license fee, proceeding under clause 19 of the 1975 scheme were initiated by the Deputy Chief Administrator against Shri Ram Swaroop. Order Annexure P-2 dated 3.4.1979 was passed by the competent authority terminating the licence of Shri Ram Swaroop. Simultaneously, it was declared that the possession of Ram Swaroop over the tenement set will be treated as unauthorised and if he fails to hand over the same, proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, may be initiated. Shri Ram Swaroop did not challenge the order Annexure P-2 during his life time. He died on 4.5.1986. After almost 11 years of the passing of the order Annexure P-2 and 4 years of the death of Ram Swaroop, the petitioner filed an appeal under clause 28 of the scheme. The Chief Administrator dismissed the same vide his order dated 19.6.1990. The revision petition filed by the petitioner was also dismissed by the Advisor to the Administrator.

(3.) The petitioner has challenged the impugned orders on the ground of arbitrariness, non-application of mind and violation of the principles of natural justice. The respondents have defended their decision by contending that late Shri Ram Swaroop did not pay the licence fee. They have also pleaded that the orders passed by the Chief Administrator and the Adviser to the Administrator do not suffer any error of law.