SURYA KANT, J. - (1.) A Division Bench of this Court vide order dated 16.11.2010 made the following reference for adjudication by a Full Bench:- "In this petition, the constitutional validity of Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act') has been challenged primarily on the ground that the earlier Full Bench judgment of this Court in case Ram Puri, Chandigarh v. Chief Commissioner, Chandigarh and others, AIR 1982 (P and H) 301, in paragraph Nos. 66, 67 and 68, while upholding the validity of Section 8-A of the Act, nevertheless referred to Rule 11-D of the Chandigarh (Sales of Sites and Building) Rules, 1960 (for short 'the Rules of 1960), which according to the Full Bench tampers the rigor and softens the strictness of resumption by making it possible to offer the same property to the original transferee on certain liberal terms. 2. It is not in dispute that the said provision which form one of the factors in upholding the constitutional validity of Section 8- A of the Act, was subsequently deleted w.e.f. 31.01.2007. Though the learned counsel for the respondents has relied upon a judgment of the Hon'ble Supreme Court in case Babu Singh Bains etc. v. Union of India and others etc. 1996 HRR 511 : (AIR 1997 SC 116), but that judgment was rendered on 11.9.1996 when Rule 11-D existed on the statute. In fact while upholding the validity of Section 8-A of the Act, Hon'ble Supreme Court referred to merits of the dispute arising under Rule 11-D of the Rules. 3. Accordingly, in our view the judgment of the Hon'ble Supreme Court rendered at a time when Rule 11-D of the rules existed would not be of much assistance to the respondents. We are accordingly of the view that since the earlier judgment was delivered by a Full Bench, the constitutional validity of Section 8-A of the Act deserves to be heard by a Full Bench."
(2.) THE petitioners, as indicated by the reference order, assail Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (in short, 'the 1952 Act'), it being ultra vires the Constitution of India after the deletion of Rule 11-D of the Chandigarh (Sales of Sites & Building) Rules, 1960 (in short, 'the 1960 Rules') w.e.f. 31.01.2007. They also assail the deletion of Rule 11-D and seek directions for re-transfer of the resumed sites in their favour on the premise that the aforestated Rule was in force when they applied for re-transfer of such sites. A brief resume of the facts of CWP Nos.16634, 16163, 20895 of 2008; 167 & 1416 of 2010, giving rise to this reference and which are being disposed of together, are also relevant at this stage. CWP No. 16634 of 2008 (Dheera Singh v. The Union Territory, Chandigarh Administration & Ors.)
(3.) PLOT No.317, Industrial Area, Phase-I, Chandigarh was allotted to the petitioner's father late Harbans Singh on 17.07.1961. The industrial plot was found to have been misused for residential purposes and was resumed on 15.11.1979 after hearing the allottee and giving an opportunity to produce evidence. The allottee's appeal and revision were also dismissed on 11.04.1984 and 17.08.1989, respectively and he did not challenge these orders till he unfortunately passed away on 04.04.1993. The petitioner who inherited the estate of his father as per registered Will dated 30.03.1993, challenged these orders in CWP No.3783 of 2007 which was dismissed on 13.03.2007. It appears that the petitioner never applied for re-allotment of the resumed site under Rule 11-D of the 1960 Rules before 31.01.2007. The first application for re-allotment was submitted by the petitioner on 26.09.2007 (Annexure P4) which was rejected by a self-speaking order dated 25.06.2008 (Annexure P5) primarily on the plea that Rule 11-D was non-existent w.e.f. 31.01.2007. The petitioner now asserts that Section 8-A of the 1952 Act is unconstitutional especially after deletion of Rule 11-D. Alternatively, the petitioner claims that the resumed property be re-allotted to him. CWP No.167 of 2010 (Meharawal Khewaji Trust, Faridkot v. Chandigarh Admn. & Ors.);