Back
2014 Supreme(P&H) 492
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Ms. Justice Ritu Bahri
CWP No. 6083 of 1993 (O&M)
Kharaiti Lal
v.
Adviser to the Adminstrator, U.T Chd. & Ors.
{Decided on 09/07/2014}
For the Petitioner:Mr. Rajiv Kataria, Advocate.
For the Respondent Nos. 1 to 3:Ms. Harsh Rekha Kapoort, Advocate.
For the Respondent No. 4:Mr. Arun Jain, Sr. Advocate with Mr. Amit Jain, Advocate & Mr. Deepak Basatia, Advocate.
Headnote:Capital of Punjab (Development & Regulation) Act, 1952, S.8-A--Resumption of residential building--Running of House Hold Industry--Garage portion was being used for tailoring shop--Only violation that he had set up a sale counter--Held; it is not a major violation with regard to using more than 30% has been made by the petitioner--Moreover, no notice has been given to the petitioner and unit of petitioner was also registered as small scale industry unit--Resumption order not justified and therefore set aside. (Para 9)
“1. The maximum floor area under the industrial unit should not be more than 20% of the covered area on the ground floor upto a maximum of 300 sq feet.
2. The cost of machinery to be installed should not exceed Rs.20,000/-.
3. The Industries will not be source of nuisance of cleanliness in the locality and the Administration will reserve the right to withdraw the permission in the case of any complaint from the residents of the locality.
4. The industry will not employ more than four workers.
5. The industry will not require connection of more than 1 KW.
6. The persons desirous of shifting their premises from one residential house to another should obtain prior permission from the Estate Office, Chandigarh.
7. The unit will not display any sign boards.
8. No sale counter set up.”
No conditions had been violated by the petitioner for running his business as per report A-1 and A-2 except for one condition that he had set up a sale counter--Thus, this is not a case of major violation with regard to using more than 30% has been made by the petitioner. Hence, resumption order is liable to be set aside, which was passed without giving notice to the petitioner.
Ms. Ritu Bahri, J.: - This petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash the order dated 02.07.1990 passed by respondent No. 3 (P-3) and order dated 25.081992 passed by respondent No. 2 (P-4) and order dated 12.05.1993 passed by respondent No. 1 (P-5) and further prayer is for issuance of direction to the respondents to permit the petition to run the business of tailoring as a small scale industrial unit in the residential house.
2. The petitioner is a tenant in House No. 2, Sector 15- A, Chandigarh for the last about thirty years and is having his residential house in the said accommodation. The petitioner is doing the work of tailoring at his residence in a style where the show window sale counter board etc are put in. The petitioner takes stitching orders from various places and stitches those clothes at his residence without causing any inconvenience or nuisance etc to any neighbours or any other person. The main building is being occupied by the petitioner for having his residence in the house, whereas in a small room he has his sewing machine and does this job without the held and aid of any other worker.
3. A notice for resumption of house under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short ‘the Act’) was issued to the petitioner as well as to the owner of the house Smt. Gurbir Kaur, as per the orders of the Estate Officer, U.T. Chandigarh. The petitioner gave reply to the said notice and stated that it had already become the policy of the State Government to allow such small business as an industry in the residential accommodations. The news item as published in the newspaper ‘The Tribune’ is dated 29.3.1979 (P-1) which clearly shows that the Chandigarh Administration allowed these small scale industries to be run in the residential houses. In the year 1975, the Chandigarh Administration in black and white issued memo dated 04.11.1975 wherein 14 small scale units were allowed to be run in residential houses which includes the tailoring business. A copy of letter dated 11.12.1980 issued from the office of Home Secretary to respondent No. 3 is P-2 wherein the above said memo has been referred. Feeling unsatisfied with the reply given by the petitioner, the Estate Officer resumed the above said house and passed an order dated 02.07.1990 (P-3). Aggrieved against the order dated 02.07.1990, the petitioner preferred an appeal before respondent No. 2, which was also dismissed on 25.08.1992 (P-4). The petitioner filed a revision against the above said orders which was also dismissed vide order dated 12.5.1993 (P-5).
4. On 21.12.1992, the petitioner made an application for permission to establish the business of tailoring in the residential accommodation. Similar applications were made in different cases e.g., that of Mrs. Arvinder Kapoor who was granted permission by respondent No. 3 in the year 1989 vide P-7 and before that also Mrs. Arvinder Kapoor has also get her business registered as a small scale industrial unit in the residential accommodation vide P-8 dated 07.07.1983. The petitioner’s tailoring business is registered as small scale industrial unit by the Chandigarh Administration under the number 535303976 dated 04.11.1992 (P-9) under the name and style of M/s Bhatnagar Tailors Propeitory.
5. Learned counsel for the petitioner submits that once the tailoring unit of petitioner has been registered as per Annexure P-9, the resumption orders are liable to be set aside.
6. Reference has been made to DB judgment passed by this Court in a case of M/s Naresh Departmental Chandigarh vs. Chd. Admn. and others PLR 2001-1, Page 314 whereby no notice was given under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 and resumption order was passed against the landlord and this Court set aside the impugned order by allowing the writ petition.
7. Reference has been made to a DB ju
