Court allows for the restoration of allotment post-inspection, contingent on the removal of compoundable violations.

Anupinder Singh Grewal, J. (Oral)

1. The petitioner has challenged the order dated 04.09.2025 (Annexure P-13) whereby the appeal filed by the petitioner against the impugned eviction order dated 04.04.2019 (Annexure P-9) and impugned letter dated 15.07.2021 (Annexure P-10) has been dismissed and the petitioner has been evicted from the residential premises.

2. Learned counsel for the petitioner submits that the petitioner is the widow of the original allottee and has been residing at the premises allotted to her husband since 1994. The petitioner had carried out some changes which were found to be unauthorized. The petitioner has now removed all the violations which were impermissible and non-compoundable. However, there is one violation i.e., construction of a balcony, which is compoundable under the policy of the respondents and the petitioner is ready to pay the compounded fee.

3. Issue notice to the respondents.

4. Mr. Gagandeep Singh Wasu, Senior Standing Counsel accepts notice on behalf of the respondents-Chandigarh Housing Board and submits that the petitioner has carried out unauthorized construction and despite several opportunities, the same were not removed.

5. Heard.

6. The petitioner is stated to be the widow of the original allottee who had been allotted a dwelling unit in the year 1994. She is stated to have made certain unauthorized constructions i.e., covering the entrance and stair portions with RCC slab and constructed a second floor (RCC column not constructed as per Need Based Changed drawing). Vide the show cause notice, the petitioner was directed to remove the violations but she had failed to do so and consequently, the allotment of the dwelling unit was cancelled vide order dated 28.11.2017 (Annexure P-4) and her eviction had been ordered vide order dated 04.04.2019. She had preferred an appeal thereagainst which was also dismissed vide order dated 04.09.2025 (Annexure P-13).

7. The petitioner is stated to have removed the violations and therefore, it would be in the interest of justice if the petitioner is given another opportunity to approach the respondents, who shall get the premises inspected and in the event that the violations have been removed, allotment ought to be restored.

8. Consequently, the petition stands disposed of with the direction that the respondents shall inspect the premises within a period of 15 days from today and in the event that any of the violations can be compounded, the petitioner shall be granted one month’s time to pay the compounding fee and thereafter, appropriate order shall be passed in accordance with law within a period of one month thereafter.

9. However, it is clarified that if any of the violations which cannot be compounded have not been removed, the respondents would be at liberty to take action in accordance with law.