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1993 Supreme(P&H) 98

A.L.BAHRI, G.C.GARG
Major Babu Singh Bains (Retd. ) – Appellant
Versus
Union Of India – Respondent


Judgment

G.C.Garg, J.

1. A free-hold residential site No. 25, Street D Sector 21-A Chandigarh (House No. 341). R. P. 2898 was transferred in favour of the petitioner Ptoceedings under Section 8-A of the Capital of Punjab (Development and Regulaton) Act, 1952, (for short the 1952 Act) were initiated against the petitioner by the Estate Officer. Chandigarh, on the ground that the said house was being misused as a commercial Guest House. The Estate Officer by order dated January 1, 1975 ordered the resumption of the site besides imposing other penalties. Appeal against this order was dismissed by the Chief Administrator by order dated October 14, 1977. Revision Petition filed by the petitioner before the Chief Commissioner, Chandigarh was also dismissed by order dated July 30, 1979. This order of resumption thus, became final. In the meantime, proceedings were initiated against the petitioner under the Public Premises (Eviction of Unauthorised Occupants Act, 1971) (for short the 1971 Act) as he became an unauthorised occupant after the passing of resumption order. The Estate Officer after service of notice passed an order of eviction under Section 5(1) of the 1971 Act. Appeal against t







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