- (1.) The petitioners (all senior citizens) have approached this court for quashing the resumption orders qua the site in question. A challenge has also been made to the appellate/revisional orders. The petitioners have also sought directions against the Assistant Estate Officer (Exercising the powers of Estate Officer), Union Territory, Chandigarh, respondent No 3 to transfer the site in question in their names or in the name or legal heirs of the original allottee, Shri Baboo Ram Saka (since dead).
(2.) The facts, which emerge from the record, show that on August 13,1954, Baboo Ram Saka was allotted a residential plot No. 49, Street C, Sector 21-B, Chandigarh. A copy of the allotment letter has been appended as Annexure P/1, with the present petition. The construction of building on the plot was to be completed within five years from the date of allotment or within the extended period which was to be granted by the competent authority. On August 3,1970, the Estate Officer issued a show cause notice to Baboo Ram Saka, intimating that since he had failed to complete the construction on the building and obtain occupation certificate within the stipulated period, therefore he was required to show cause as to why the site in question be not resumed. Subsequently, on October 29,1970, a resumption order was passed qua the site in question and 10% of the amount of premium of the plot was ordered to be forfeited. It may be noticed that the aforesaid resumption order was an exparte order. A copy of the aforesaid order has been appended as Annexure P/3 with the present petition.
(3.) The allottee, Baboo Ram Saka, filed an appeal on November 11,1970 before the Chief Administrator. The appeal filed by the aforesaid appellant was allowed by the appellate authority vide order dated March 2,1971 after noticing the plea raised by the aforesaid appellant that he could not raise the constriction as he had fallen ill after his retirement and that he would raise the construction on the site expeditiously. Consequently, while allowing the appeal filed by the allottee, it was directed that he would pay an amount of Rs. 50/- on account of reduced forfeiture within a month of that order and that he would complete the construction by December 31,1971. A copy of the appellate order has been appended as Annexure P/5 with the present petition.;