CHANDER MOHAN SAHDEV Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) BY filing this writ petition, petitioner has impugned amount of penalty, imposed against him, for misuse of the property.

(2.) IT is not in dispute that for using the garage, in House No. 11, Sector 19 -A, Chandigarh, for commercial purpose (printing press), petitioner received a resumption notice on 26.04.2005 (P -2). Noting violation mentioned above, the Competent Authority ordered resumption of the property in dispute on 01.02.2006 (P -3). Petitioner went in appeal. On perusal of inspection report, submitted by officers of the Department on 22.07.2008, the Competent Authority noted that misuse had been stopped and in view of that, resumption order was set aside. Site was restored to the petitioner, subject to payment of misuse charges, forfeiture, interest and other dues, within 30 days, from the date of issue of that order i.e. 31.07.2008. Petitioner went in revision, wherein petitioner also laid challenge to the amount calculated towards misuse charges. His revision was dismissed vide order dated 19.11.2008 (issued on 26.11.2008). Hence this writ petition.

(3.) COUNSEL for the petitioner has half -heartedly laid challenge to the notification mentioned above, by stating that for misuse only of a portion of the building, charges are being imposed for the entire covered area, which is not justified.