HAKIM RAI Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Plot Mo. 329, Sector 37-A was allotted to the petitioner on lease hold basis. On account of some building violations, the allotment was cancelled and a sum of Rs. 3,800/- alongwith ground rent of Rs. 4,569.18 was forfeited by the Assistant Estate Officer. In appeal the order of cancellation was set aside subject to the condition that the plaster on the wall be removed within 30 days from the date of the appellate order. Still not satisfied, the petitioner filed a revision petition under Section 10(4) of the Capital of Punjab (Development and Regulation) Act, 1952 before the Adviser to the Administrator, Union Territory, Chandigarh. During the pendency of the revision petition the Estate Officer submitted a -report dated 7.11.1989 making it clear that plaster from the front elevation had been removed. In view of this report, the Adviser found that the misuse of the building had been removed. The order of cancellation had already been set aside. He, however, directed that the amount forfeited by the Estate Officer be deposited within 30 days from the date of that order. It is against this order that their present petition has been filed under Article 226 of the Constitution.

(2.) During the pendency of the writ petition the Chandigarh Administration has framed a policy allowing lease hold plots to be converted into free hold plots on payment of conversion charges. Applications for such conversion can be filed upto August 31, 1998. The petitioner has now moved an application under Section 151 of the Code of Civil Procedure for a direction to the respondents to accept the conversion charges from him. His grievance is that his application for such conversion is not being entertained on account of the. pendency of the present writ petition.

(3.) I have heard counsel for the parties.