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1982 Supreme(P&H) 83

S.S.SANDHAWALIA, P.C.JAIN, M.M.PUNCHHI
Ram Puri, Chandigarh – Appellant
Versus
Chief Commissioner, Chandigarh – Respondent


Judgment

M.M.PUNCHHI, J.

1. In Amrit Sagar Kashyap V/s. Chief Commr., U.T. Chandigarh, (1980) 82 Pun LR 441, a Division Bench of this Court (the judgement of which was prepared by me and concurred by D.S. Tewatia, J.) had the occasion to interpret S.8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short the Act) and in particular the meaning of the words "resume" and "resumption" occurring prominently therein. The view thus taken came to be doubted very often necessitating its re-examination by a Full Bench, on these two matters being referred to it, being Civil Writ Petitions Nos.2830 of 1970 and 1149 of 1979, which await disposal at our end. Amusingly it has again fallen to my share to prepare the judgement, be it a case of reorientation or refurbishing the earlier view or one of substitution or reversal. A fresh look on the subject becomes essential uninhibited of the view taken by the Division Bench.

2. A small legislative history would not be out of place. The town of Chandigarh, where the seat of this Court is established, found its way on the geographical map as a capital of the then State of Punjab, towards realisation of a dream of its people, who ha































































































































































































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