SURYA KANT, SUDIP AHLUWALIA
Punjab and Sind Bank – Appellant
Versus
UT Chandigarh – Respondent
Surya Kant, J.
The petitioner - Punjab and Sind Bank has laid challenge to the order dated 09.06.2009 whereby the Chandigarh Administration resumed its residential house No.1101, Sector 11-C, Chandigarh as well as the subsequent orders dated 09.11.2010 and 19.11.2012 vide which its appeal and revision petition against the order of the resumption were dismissed.
2. The facts are not in dispute.
3. House No.1101, Sector 11-C, Chandigarh measuring 1450.90 sq.yards is admittedly a residential building. The petitioner-Bank purchased the same for the purpose of Staff Training Residential College. Subsequently, the Bank opened its Branch and started using the said building for commercial/business activities.
4. The Building Byelaws in UT, Chandigarh have emanated out of the provisions of the Capital of Punjab (Development and Regulation) Act, 1952. Besides other penal provisions, Section 8-A of the 1952 Act deals with "Resumption and Forfeiture for Breach of Conditions of Transfer". Under this Section, if a transferee fails to pay the consideration money on account of the sale of any site or building or has breached any condition of sale, the Estate Officer is empowered to resume su
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