JUDGEMENT
G.S.SINGHVI, J. -
(1.) THIS is a petition to quash the orders dated 1. 6. 1979, 20. 4. 1982 and 6. 12. 1988 passed respectively by the Assistant Estate Officer (exercising the powers of the Estate Officer), Chandigarh, the Chief Administrator and the Advisor to the Administrator, Union Territory, Chandigarh.
(2.) THE petitioners who had purchased 3 Bays Sites bearing Nos. 106, 107 and 108, Sector 17 in the year 1967 were proceeded against on account of violation of the building plan, the conditions of allotment and the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as 'the Act of 1952') and the Rules framed thereunder. On 1. 6. 1979, the Assistant Estate Officer passed an order Under Section 8-A and resumed the site in question. Simultaneously, he forfeited 10% of the consideration money. The appeal and the revision petition filed by the petitioners have been dismissed by the respondents No. 1 and 2.
The principal ground on which the petitioners have challenged the order of resumption is that for the so called violation of the Rules and the conditions of allotment the respondents are not entitled to resume the site. In support of this plea reliance has been placed on the Full Bench judgment of this Court in Ram Puri v. Chief Commissioner, Chandigarh, (1982)84 P. L. R. 388 (F. B. ). Another plea raised by the petitioners is that having condoned the violations made by others like Dr. P. N. Chuttani who was allotted S. C. O. Nos. 52-53-54 and the owner of S. C. O. Nos. 89-90-91, the respondents cannot resume their property.
(3.) THE respondents have not contested the writ petition by filing the written statement.;
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