BIRA Vs. U T ADMINISTRATION

JUDGEMENT

(1.) This petition has been filed to quash the orders dated 17.11.1987 and 2.4.1991 passed by the competent authority constituted under the Chandigarh Allotment of Low Cost Tenements on Lease Hold and Hire Purchase Basis Scheme, 1979 (hereinafter referred to as the 1979 Scheme) and the Chief Administrator, Chandigarh.

(2.) The averments made in the writ petition show that the low cost tenements No. 2016/8, Sector 32-C, was allotted to the petitioner on 28.12.1985 under the Scheme of 1979. Proceedings under Clause 9 of the allotment letter were initiated against the petitioner for cancellation of the allotment on the ground that he had sold the tenement. The Tehsildar (C) exercising the powers of the Estate Officer, passed the order dated 17.12.1987 for cancellation the allotment of the tenement in question. That order has been upheld by the Chief Administrator on 2.4.1991 while dismissing the appeal filed by the petitioner.

(3.) In the meantime, proceedings under the Public Premise (Eviction of Unauthorised Occupants) Act, 1971 were initiated against the petitioner and an order of ejectment was passed on 21.3.1988. The appeal preferred by the petitioner under Section 9 was dismissed by the learned District Judge, Chandigarh as withdrawn.