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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Daulat Ram (Since Deceased) Through His Lrs – Appellant
Versus
Joint Development Commissioner (Ird) – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, seeking therebys the quashing of the order dated 05.08.2015 (Annexure P-1), passed by respondent No.2 in the proceedings launched against the petitioner under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act of 1973'), as well as of the order dated 20.03.2024 (Annexure P-3), as passed by respondent No.1,whereby the appeal preferred by the petitioner against Annexure P-1 became dismissed.
2. The brief facts of the case are that in the year 1973-74, a piece of land measuring 5 Marla comprised in Khasra No.16//10, Hadbast No.189, situated within the revenue limits of Village Kaulpur, Block Hajipur, Tehsil Mukerian, District Hoshiarpur was allotted to Shri Amir Chand (father of the petitioner) whereons the allottee constructed a residential house. After his demise, the petitioner (who also died) had renovated the said house and had constructed shops on the ground floor, whereas, on the first floor, he had constructed a residential accommodation.
3. It is averred in the petition t
The court emphasized that the allotment of shops without auction was violative of statutory provisions, and the possession became illegal after the return of the security amount.
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