- (1.) Challenge in the present writ petition is to the orders dated 24.09.1993 (Annexure P-6); 06.10.1998 (Annexure P-10); 05.05.1999 (Annexure P-12) & 02.08.1999 (Annexure P-19) in respect of resumption of Coal/Fuel Depot Site CP-351/1660, Sector 16-D, Chandigarh.
(2.) The aforesaid Coal/Fuel Depot site was allotted to Vidya Parkash Aggarwal, the father of the petitioner on 26.05.1955. Some additional land adjoining the said site was sold to Vidya Parkash Aggarwal vide Deed of Conveyance dated 16.11.1960. The allottee i.e. Vidya Parkash Aggarwal raised construction on the site/additional land and started business of coal depot in the building so raised. Thereafter, some more additional land, having access from V-4 road, was allotted to the father of the petitioner.
(3.) The assertion of the petitioner is that he has three shops facing V-4 road, which are part of the construction raised by his father and that the property in question and other family properties were partitioned amongst the legal heirs i.e. the petitioner and his brother namely C.M.Aggarwal, as per the award of the Arbitrator, which was made rule of Court on 16.03.1973. Such partition deed was registered with the Sub Registrar, UT, Chandigarh. As per the partition, Coal Depot bearing No.39 and shop No.40, out of the property aforementioned, came to the share of the petitioner, whereas other two shops i.e. shop Nos.41 & 42 came to the share of his brother. It is also pointed out that shop Nos.41 & 42 were raised on the additional land allotted to the father of the petitioner, now owned and possessed by the brother of the petitioner. Due to change in fuel requirements of the residents of the city, a representation was made by Chandigarh Authorized Coal and Fuel Depot Holders Association to the Chandigarh Administration for permitting change of use of the sites allotted for the purpose of coal depot. On 12.02.1988, the Administration permitted the use of coal depot premises as godowns for meeting general requirements of the city or as LPG godowns. Later in order to optimum use of the area, the petitioner started using the site as service station.;