- (1.) Challenge in the present petition is the resumption order dated 14.12.1982 (Annexure P-1) of a residential House No. 215, Sector 16-A, Chandigarh; order in appeal dated 3.10.1989 (Annexure P-15) passed by the Chief Administrator and the order in revision filed by the Adviser to the Administrator, Chandigarh Administration on 8.7.1992 (Annexure P-17), whereby the order of resumption passed by the Estate Officer was maintained in appeal and revision. The proceedings for resumption of the building was initiated with the issuance of the show cause notice under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 (for short 'the Act') in April 1979 for the reason that a guest house under the name and style of 'Jullundhar Holiday Inn' is being run from the residential house. Such notice was issued to Shri Hardial Singh Sekhon-father of the petitioner as owner of the site. Many notices have been sent to the site in question whereas the father of the petitioner was posted as Superintendent of Police, Hoshiarpur, the address available in the record with the Estate Office. The resumption order was passed on 14.12.1982 after notice dated 3.12.1982 was presumed to be delivered to the petitioner. The house was vacated by Shri Surinder Singh, the proprietor of 'Jullundhar Hotel Inn' who subsequently changed the name of guest house to Raja Tourist Lodge'. Thereafter the house was let out to Shri Jagdish Singh Sekhon w.e.f. 1.7.1985 who started residing in the house. Parts of the house were let out to other tenants as well. Even after resumption, no proceedings were initiated to take over the possession of the property in question for a considerable period.
(2.) It was on 3.11.1987 a notice under Section 4 of the Public Premises (Eviction of unauthorized occupants) Act, 1971 (for short 'Act 1971') was issued to Shri Surinder Singh and Shri Harinder Singh Sekhon. Such notice was received by Shri Jagdish Singh Sekhon, the tenant inducted by the father of petitioner. Such tenant filed reply on 26.11.1987. On 3.12.1987, an order of eviction was passed against Shri Jagdish Singh Sekhon and all other occupants. An appeal was filed by Shri Jagdish Singh Sekhon before the learned District Judge, which was dismissed on 13.4.1989. Subsequently, the possession of the premises was taken by the Chandigarh Administration on 15.4.1989.
(3.) Another fact which needs to be noticed is that Shri Hardial Singh Sekhon died on 8.6.1986 i.e. prior to the proceedings initiated under he Act 1971 He has executed a Will dated 21.5.1986, a copy of which has been attached as Annexure P-2. By virtue of the said Will, the property in question stands bequeathed to the petitioner who was minor aged 13 years having born on 16.9.1973 at the time of death of her father. The de ceased had appointed his wife Mrs. Gurdip Kaur Sekhon and mother of the present petitioner as his executrix.;