- (1.) The house of the petitioner No.2246, Sector 20-C, Chandigarh, was resumed on 8.6.1971 under Section 9 of the Capital of Punjab (Development and Regulation) Act (for short, "the Act) due to misuse for running a Karyana Shop.
(2.) This house was allotted to Sh. Ram Rakha Aggarwal on 30.11.1953. It was transferred to the petitioner on 20.12.1968. The resumption order passed on 8.6.1971 was endorsed to the petitioner but as stated by the petitioner, there is no record of dispatch of this order as per the information obtained by him under the Right to Information Act. Rather, it is disclosed that original signed copy meant for the petitioner is still lying in the file of the Estate Officer.
(3.) Reference is made to a hand written note, reading "no action is called for and may be filed at the foot of the resumption order. The same endorsement was made on 3.7.1971. It is averred that Section 9 of the Act was struck down by the Hon'ble Supreme Court and the in this regard is Jagdish Chand Radhey Shyam v. State of Punjab and others, 1972 AIR(SC) 2587. Section 8-A has now been enacted on 27.8.2007.;