LAWS(P&H)-1998-9-34

SANT SINGH Vs. UNION TERRITORY

Decided On September 09, 1998
SANT SINGH Appellant
V/S
UNION TERRITORY Respondents

JUDGEMENT

(1.) This case was taken up yesterday and adjourned for today because no one had appeared for the petitioner. This shows that the petitioner is not interested in prosecuting the petition.

(2.) We have heard Shri Ashok Aggarwal, Senior Advocate appearing for the respondents and have perused the record.

(3.) The averments made in the writ petition and the written statement show that proceedings under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 were initiated against the petitioner on the allegation of misuse of residential premises allotted to him. After hearing the petitioner and the Principal of the School which was in occupation of the residential premises, the Assistant Estate Officer, exercising the powers of the Estate Officer, Union Territory, Chandigarh, passed order dated 28.9.1990 for resumption of the site and forfeiture of 10% of the price plus interest. The appeal and the revision petition filed by the petitioner were dismissed by the Chief Administrator and the Advisor to the Administrator, Union Territory, Chandigarh, vide their orders dated 6.11.1990 and 26.6.1991. Thereafter, the Land Acquisition Officer, exercising the powers of the Estate Officer, under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, ordered the petitioner's ejectment from the premises in question. These orders were challenged by the petitioner in civil writ petition no. 12355 of 1991 which was dismissed by the Division Bench on 14.8.1991. That order reads as under:-