2013 Supreme(P&H) 1337
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Satish Kumar Mittal and Mahavir Singh Chauhan, JJ.
A.G. Clinic and Nursing Home - Appellant
Vs.
Union Territory and Ors. – Respondent
Civil Writ Petition No. 3157 of 2008
Decided On: 30.09.2013
Advocate Appeared
For Appellant/Petitioner/Plaintiff:D.S. Patwalia, Advocate
For Respondents/Defendant:K.K. Gupta, Advocate for the Respondent Nos. 1 to 4
Headnote:(A) Chandigarh (Sale of Sites and Building) Rules, 1960, R.14 & 16--Residential Premises--Held, amalgamation of residential premises prohibited under the Rules. (Paras 20, 21)
(B) Chandigarh (Sale of Sites and Building) Rules, 1960, R.9--Use of residential premises for running nursing homes--Condition that premises should not be less than 500 sq. yards--Held, condition cannot be said to arbitrary--Condition upheld. (Paras 14 to 19)
Mahavir Singh Chauhan, J.
1. Petitioner, A.G. Clinic and Nursing Home, besides seeking issuance of a writ of certiorari quashing order dated 14.02.2008 (Annexure P-14), whereby its request for amalgamation of Houses No. 18 and 19 in Sector 28-A, Chandigarh, for running a nursing home, has been declined, has also sought issuance of a writ of mandamus to direct the respondents to grant it permission for running a nursing home in Houses No. 18 and 19, Sector 28-A, Chandigarh, in pursuance of policy/notification dated 04.01.1999 (Annexure P-4) as amended vide notification dated 24.01.2000 (Annexure P-5) or in the alternative a writ of certiorari quashing order dated 04.01.2008 (Annexure PC. W.P. No. 3157 of 2008-2-12) and policy/notification dated 04.01.1999 (Annexure P-4) to the extent it prescribes 500 Square Yards as the minimum plot area for running a nursing home in a residential premises. Case of the petitioner, as laid open in the petition, is that the Union Territory, Chandigarh (for short 'UTC') promulgated a policy decision dated 04.01.1999 (Annexure P-4) in exercise of powers conferred by Proviso to Rule 9 of the Chandigarh (Sale of Sites and Building) Rules, 1960 (hereinafter referred to as 'the 1960 Rules'), laying down parameters for permitting use of residential buildings in various sectors as nursing homes. One of the conditions stipulated under the policy was that plot size should be equal to 500 Sq. Yards or more and it should be located on V-4, V-5 or V-6 road. Aggrieved by this policy, the petitioner and a few other nursing homes filed C.W.P. No. 20271 of 2004, Deep Nursing Home and others v. Union Territory, Chandigarh and others, which came to be disposed of by this Court vide order dated 31.07.2006 (Annexure P-9) in the following terms:--
In these circumstances, Sh. Patwalia states that the present petition be disposed of with a liberty to the petitioners to approach the respondent-Administration making the aforesaid grievance.
In view of the stand taken by the petitioners, but without commenting upon the merits of the controversy at all, we dispose of the present petition with a liberty to the petitioners to file a detailed and comprehensive representation, in a representative capacity, before the Chief Administrator, U.T., Chandigarh-Respondent No. 2, by appending all the relevant documents along with the said representation, within a period of 4 weeks from the date a certified copy of this order is received. On receipt of the aforesaid representation, the Chief Administrator, Union Territory, Chandigarh-Respondent No. 2, shall afford an opportunity of hearing to a representative of the petitioners and thereafter take such appropriate decision as may be deemed appropriate under the facts and circumstances, by passing a detailed and speaking order.
We further notice that vide order dated March 31, 2005, the parties were directed to maintain status quo till further orders.
Keeping in view the fact that the petitioners have chosen to approach the authorities once again, we direct the aforesaid interim order passed by this Court shall continue to operate till the matter is finally decided by the Chief Administrator, and for a period of 3 months thereafter.
2. In terms of order dated 31.07.2006 (Annexure P-9) passed by this Court, the petitioner and other nursing homes made representations before the respondents supporting their claims with detailed grounds.
3. When the aforesaid representations were pending consideration, the petitioner, which was operating from House No. 19, Sector 28-A, Chandigarh, having an area measuring 281 Sq. Yards, also purchased House No. 18, Sector 28-A, Chandigarh, which has been constructed upto 2-1/2 story and has an area measuring 281 Sq. Yards, to the extent of 50% share vide registered sale deed dated 20.07.2007 (Annexure P-10) and also entered into a deed of settlement dated 24.01.2008 (Annexure P-11) with the co-owner of that house to the extent of remaining 50%, to the effe