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HARINDER SINGH SIDHU, LALIT BATRA
Banarsi Lal – Appellant
Versus
Chandigarh Administration – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing lease cancellation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner asserts compliance and misunderstanding. (Para 7 , 8 , 9 , 10) |
| 3. orders of cancellation and restoration discussed. (Para 11 , 12 , 13 , 14) |
| 4. argument on directory nature of rule 14(2). (Para 16 , 17) |
| 5. final decision to restore lease. (Para 18 , 22) |
| 6. court's view on cancellation's harshness. (Para 19 , 20 , 21) |
JUDGMENT
Mr. Harinder Singh Sidhu, J.
This petition has been filed for quashing the orders: Annexure P-2 dated 12.08.2009, P-4 dated 18.05.2010 and P-6 dated 10.07.2013 pertaining to cancellation of lease of built up booth No.155, Sector 20-C, Chandigarh on the ground of non-execution of lease deed.
2. The petitioner was allotted built up booth No.155, Sector 20-C, Chandigarh on lease hold basis for 99 years vide allotment letter dated 03.02.1997 (Annexure P-1) under the rehabilitation scheme known as "Allotment/Transfer of built up Booths in any Sector on Lease/Hire Purchase basis in Chandigarh Rules, 1991".
3. As per the allotment letter, the allotment was to be governed by the provisions of 'Capital of Punjab (Development and Regulation) Act,1952' and the Rules made
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....
Express conditions in a lease must be strictly adhered to; violation justifies cancellation based on section 111(g) of the Transfer of Property Act.
Non-payment of lease salami within stipulated time does not automatically cancel allotment; requires active governmental cancellation, establishing a directory interpretation of time limits.
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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