- (1.) Challenge in the present petition is to the orders dated 30.7.2008 (Anneuxre P-25), whereby an application for extension of time to comply with the orders dated 20.8.1975 was dismissed; the order dated 27.10.2008 (Annexure P-26) whereby the review petition against the order dated 30.7.2008 (Annexure P-25) was dismissed and dated 10.1.2008 (Annexure P-27) whereby the proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 initiated against the petitioner was allowed. We have heard Learned Counsel for the parties. We find that substantially the prayer of the petitioner is for extention of time in removing the violations in terms of the order passed by this Court on December 2, 1999 (Annexure P-8).
(2.) Petitioner Jagtar Singh, since deceased, was allotted SCF No. 65, Grain Market, Sector 26, Chandigarh in an open auction in-the year 1955. The letter of allotment was issued on 6.1.1956. The said site was resumed on 4.2.1969 on the ground of non-completion of the construction. The stand of the petitioner was that the building has been constructed but the occupation certificate has not been issued. It was on 21.6.1975, sewerage connection was granted. On 20.8.1975 vide the order (Annexure P-5), the site was restored to the petitioner subject to the condition that the petitioner shall complete the building according to sanctioned plan and obtain occupation certificate by 31.3.1976. An application was filed by the petitioner to treat the sewerage connection as the occupation certificate and an application for grant of extention of time limit as the building stands completed. But the request of the petitioner was declined vide the communication (Annexure P-6) dated 4.6.1980. The petitioner challenged the said communication after the review application, was dismissed in CWP No. 5357 of 1989 which decided on 2.12.1999. Relevant extract reads as: - The Learned Counsel for the petitioner, at the instructions of his client, who is present in Court, states at the bar that the petitioner shall remove all the objections which have been raised by the respondent-Department in the joint inspection report dated 6.10.1999, within six months from today and the petitioner after removing the objections, shall also apply for the occupation certificate. On removal of the objections and on providing occupation certificate, the impugned order Annexure P-4 dated 24.1.1989 shall stand quashed with all ancillary and interim orders passed by the authorities and in that eventuality, the site in dispute shall not be resumed. If the objections as raised above, are not removed, within the stipulated period and also if the petitioner does not apply for occupation certificate as stated above, the present petition shall be deemed to have been dismissed for all intents and purposes.
(3.) Petitioner submitted a revised plan for approval on 11.2.2000 (Annexure P-11) and also sought occupation certificate vide Annexure P-13. The application for extension of time the time limit was declined vide the order dated 30.7.2008, (Annexure P-25). The review petition was also dismissed on 22.10.2008 (Annexure P-26).;