MEWA SINGH Vs. UNION TERRITORY AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed seeking quashing of order dated 2.4.2002 (Annexure P3) passed by Additional Commissioner, Municipal Corporation, Chandigarh, whereby allotment of Transit Site No. 1366, Rehabilitation Colony, Mauli Jagran, Chandigarh, allotted to the petitioner was cancelled and licence was revoked. For quashing the order, petitioner prayed that this Court should issue writ of certiorari.

(2.) UNDISPUTED facts are that the petitioner was allotted Transit Site No. 1366, Rehabilitation Colony, Mauli Jagran, Chandigarh, in terms of the Licence of Transit Sites and Services in Chandigarh Scheme, 1979 (hereinafter referred to as "Scheme 1979"). This Scheme was envisaged to rehabilitate economically weaker section of society who were slum dwellers and had occupied unauthorized land of the Government where they had raised Jhuggies. The Chandigarh Administration thought that all Jhuggi dwellers can be rehabilitated and in terms thereof, petitioner was allotted Transit Site No. 1366. A letter of allotment (Annexure P1) was issued on 19.12.1998. Clause 3 of the allotment letter read as under:

(3.) COUNSEL for the petitioner has stated that cantilever has now been removed. To fortify his submission, he has relied upon photographs (Annexures P10 & P11). Counsel further states that this fact has also been noticed by the Appellate Authority. Counsel for the petitioner relied upon a judgment of this Court rendered in K.N.T. Nair v. Chandigarh Administration, (2002) 132 P.L.R. 692 to say that order of cancellation of allotment and revocation of the licence could not be passed contrary to the Show Cause Notice given. He has submitted that in the Show Cause Notice, he was called upon to make the construction whereas vide impugned order, licence has been revoked and allotment was cancelled on the ground that petitioner has constructed a cantilever. In para 5 of the judgment rendered in K.N.T. Nair's case (supra), it has been held as under: