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HARINDER SINGH SIDHU, LALIT BATRA
Suman – Appellant
Versus
Chandigarh Administration – Respondent
JUDGMENT
Harinder Singh Sidhu, J. - This petition has been filed seeking quashing of the order dated 17.04.2013 (Annexure P-3) passed by respondent No.3 - Estate Officer, UT, Chandigarh, whereby, lease of residential Plot No.1274, Sector-44-B, Chandigarh was cancelled. Also assailed are the orders dated 18.05.2015 and 14.10.2016, whereby, petitioner's appeal and revision were dismissed by the Chief Administrator and Adviser to the Administrator, respectively.
2. Petitioner was enrolled as a member of the Progressive Cooperative House Building Society Ltd. Chandigarh (for short 'the Society') on 31.3.1980. At that time, the petitioner did not own any plot or dwelling unit or residential site either in his own name or in the name of her family member at Chandigarh, Mani Majra, Panchkula, SAS Nagar or in any Municipal area in the States of Punjab and Haryana. She submitted an affidavit dated 28.7.1983 to that effect. Not owning a plot or dwelling unit as above was a condition for allotment.
3. The petitioner was subsequently allotted a dwelling Unit No.2512 (MIG-II), Sector 40-C, Chandigarh by the Chandigarh Housing Board, vide letter dated 25.10.1983.
4. The Society was allotted plots vi
Future acquisitions are not prohibited, and eligibility is to be seen at the relevant date. Allegations of transfer of leasehold rights require supporting evidence.
The main legal point established in the judgment is that the cancellation of government lease, governed by statutory regulations, can be justified if the allotment was obtained by misrepresentation o....
The Housing Board's cancellation of plot allotment was invalid due to lack of notice and failure to follow due process, violating principles of natural justice.
The power of resumption under the Chandigarh Lease Hold of Sites and Building Rules, 1973 should be used as a last resort to ensure planned and regulated urbanization.
Violation of terms of allotment and intended change of purpose without obtaining prior approval led to the court's decision to affirm the cancellation of the allotment and dismissal of the writ petit....
Cancellation of allotment without following the principles of natural justice is impermissible.
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