RUBIN MILLS Vs. UNION TERRITORY ADMINISTRATION

JUDGEMENT

(1.) By this order I will dispose of Civil Writ Petition No. 14137 of 1990 filed by M/s Rubin Mills, 181/38 Industrial Area, Chandigarh against the Union Territory, Chandigarh and the Civil Miscellaneous No. 17717 of 1999, which has been filed in the said writ petition.

(2.) Some facts can be noticed in the following manner. An industrial plot bearing No. 181/38 was allotted in the name of Shri Avtar Singh who was the sole proprietor of M/s Rubin Mills, on 17.9.1975.

(3.) As per the case of the respondent the said plot was resumed by the authorities on 6.11.1978 for want of non-construction. Aggrieved by the said order the allottee filed a statutory appeal and it was brought to the notice of the appellate authority that the plot had already been constructed and in these circumstances the plea taken by the department regarding the non-construction of the plot is not tenable. The order dated 6.11.1978 was set aside by the appellate authority with the observations that the allottee will get the occupation certificate by 15.10.1980 after removing the minor violations in the shape of unauthorised construction as pointed out by the Department.