SIMARJET KAUR Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Residential site No. 541 of Sector 18, Chandigarh was allotted to the mother of Smt. Simarjot Kaur by the Chandigarh Administration in the year 1952. After constructing the building, the transferee leased it out to St. Peter's School through Sq. Ldr. S.S. Khannar its managing trustee. Proceedings under Section 8A of the Capital of Punjab (Development And Regulation) Act, 1952 as amended by the Chandigarh Amendment Act No. 17 of 1973 (hereinafter referred to as the Act') for resumption of the site were initiated by the Assistant Estate Officer, exercising the powers of the Estate Officer, Union Territory, Chandigarh on the ground of breach of the conditions of sale. In the notice dated 9.11.1987 issued by the Assistant Estate Officer, it was mentioned that the premises were not being used for residential purpose in accordance with the terms of conveyance deed/allotment letter but was being used for running a school. Neither Smt. Simarjot Kaur (who had by then became the owner of the property as her mother's heir) nor the tenants, who were served with the notices, contested the same. The Assistant Estate Officer ordered the resumption of the site on 7.12.1987 on the ground of will-full default. The appeal and the revision petition filed by Smt. Simarjot Kaur were dismissed by the Chandigarh Administration and the Advisor to the Administrator, Union Territory, Chandigarh respectively.

(2.) Feeling aggrieved by the order of resumption passed by the Assistant Estate Officer as well as the appellate and the revisional orders passed by the Chandigarh Administrator and the Advisor to the Administrator Smt. Simarjot Kaur filed this petition on 3.9.1992 for quashing the impugned orders mainly on the ground that the transferee cannot be penalised for the wrongful act of the tenant.

(3.) The respondent No. 1 and 2 as well as the respondent No. 4 have filed written statements opposing the petitioner's prayer for quashing the impugned orders.