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TEJINDER SINGH DHINDSA, LALIT BATRA
Ranjit Kaur & Another – Appellant
Versus
Chandigarh Administration – Respondent
JUDGMENT
Tejinder Singh Dhindsa, J. - Plot No.1574, Sector 38-B, Chandigarh measuring 633.75 sq. yards was allotted to the petitioners on lease hold basis for a period of 99 years in an open auction held on 11.07.1985.
2. Vide order dated 28.03.2007 (Annexure P-11) passed by the 3rd respondent i.e. Estate Officer, U.T. Chandigarh, lease of the plot was cancelled and forfeiture of 10% of the premium, ground rent, interest etc. was also directed. The order of cancellation of the lease stands affirmed by the appellate and revisional authorities vide orders dated 02.12.2008 (Annexure P-14) and 18.03.2009 (Annexure P-16).
3. Instant petition has been filed assailing the afore noticed three orders at Annexures P-11, P-14 and P-16.
4. Learned senior counsel submits that the action of cancellation of the lease of the plot in question is on the premise that the petitioners did not construct thereupon within three years from the date of auction. It is contended that the respondent/authorities overlooked the vital fact that actual physical possession of the plot had been handed over to the petitioners only on 01.09.1992 and as such, no construction could have been effected prior to that date. The
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.
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 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.
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