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1996 Supreme(SC) 95
1996(1) Supreme 723
SUPREME COURT OF INDIA
K. Ramaswamy and G.B. Pattanaik, JJ.
R.C. Chawla -Appellant
versus
State of Haryana & Ors. -Respondents
Civil Appeal No. 2343 of 1996
Decided on 12-1-1996
IMPORTANT POINT
If appellant wants to avail of the allotment by HUDA, he must comply with the conditions of allotment, viz., he cannot use allotted residential premises for commercial purpose.
Headnote:Allotment of House-Conditions of allotment-Premises allotted for residential purpose-Used for commercial purpose-Resumption order -Affidavit filed of stoppage of Commercial purpose w.e.f. 2-1-1996-Communicated to HUDA and State Govt.-Withdrawal of resumption order directed after verification of stoppage of misuser. (Para 3)
ORDER
Leave granted.
2. As per the orders of this Court passed earlier, if the appellant wants to avail of the allotment, he necessarily has to comply with the conditions of allotment. Consequently, he cannot use allotted residential premises for commercial purpose. The appellant has filed an affidavit verified on January 4, 1996 stating, among other things, thus :
"That as per the order of Honourable Supreme Court of India, I have got the commercial use of my house stopped w.e.f. 2.1.1996.
The above statement is true to the best of my knowledge."
3. The learned counsel for the respondents states that he does not have any information as to what was the action taken by the authorities in that behalf. Shri S.K. Bagga, the learned counsel has shown to the learned counsel for the respondents that the statement also was communicated to the HUDA and the respondents. The respondents are at liberty to verify whether the appellant had stopped use of the premises for commercial use w.e.f. January 2, 1996 and on being so satisfied, they are directed to withdraw the impugned resumption order.
4. The appeal is accordingly disposed of. No costs.
Order accordingly.
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