- (1.) The challenge in the present writ petition is to an order dated 07.06.1982 passed by the Estate Officer, Union Territory (for short U.T ) Chandigarh, resuming Site No.1064-65, Sector 22-B, Chandigarh and forfeiting a sum of Rs.20,100/- representing 10% of the price of the site to the Government; an order passed by the Chief Administrator, U.T. Chandigarh on 04.04.1989 upholding the order passed by the Estate Officer, as also the order passed by the Adviser to the Administrator, U.T. Chandigarh on 20.12.1991 affirming the order passed by the Chief Administrator as also the order passed in review petition on 05.02.1992 whereby the Adviser to the Administrator, U.T. Chandigarh dismissed the review petition filed by the petitioner.
(2.) The petitioners are purchasers of site in question in an auction held on 09.05.1971. The site in question was to be used for general trade in terms of conditions of letter of allotment. After completion of the building, the building constructed on the site was let out to various tenants. On account of misuse, that the partitions made in the shop and the show window had been converted into sale booth, the Estate Officer passed an order of resumption on 07.06.1982. However, such order was affirmed in appeal and revision.
(3.) During the pendency of the present writ petition, the Chief Administrator has issued various directions permitting certain changes in the similar sites in question including partitions. This Court on 03.10.2013 directed the respondents to inspect the spot and submit report since the resumption has been ordered on the basis of building violations. Inspection report dated 13.11.2013 has been placed on record, which reads as under:- Sr. No. Building Violations Present Status Remarks 1. Partition has been made in the shop. Still exist at site at the time of inspection. The partition/cabins constructed at ground floor i.e. shop of height 7 -0 for the independent users i.e. 13 cabins exist at site. As per the PAC (Lower) members the same not sanctionable, only one subdivision of the shop is allowed at ground floor subject to payment, if the owner submit revised plan. 2. Show window has been converted into sale booth Set right at site. Glazing has been provided. Additional violations: 1. Front and rear Elevation of the building changed Still exist at site at the time of inspection. Glazing provided at +/- 0 level in front and rear elevation. As per PAC (L) members, Glazing at first and second floor in the front and rear elevation is allowed subject to payment, if the owner submit the revised building plan. 2. Partitions/cabins constructed at ground, first and second floor. Still exist at site at the time of inspection. The partitions/cabins constructed at ground, first and second floor occupied by the different independent users i.e. shops. As per PAC (Lower) members, numbers of shops with different uses are not allowed. Only one subdivision of the shop is allowed at ground floor subject to payment. Only office wooden cabin partition allowed with air conditioned at first and second floor for single use, if the owner submits the revised building plan. 3. Partitions/cabins constructed in basement. The basement used for the habitable purpose i.e. shops running in the basement and used by the independent users. As per the PAC (Lower) members, shops in basement are not allowed. Habitable use of the basement is allowed on subject to payment with sufficient light and ventilation with 100% power back-up for single use.;