SURYA KANT,J - (1.) IN this civil writ petition, the petitioner seeks quashing of the notice dated 30.11.1983 (Annexure P-5) and orders dated 2.5.1984 (Annexure P-6), 31.10.1989 (Annexure P-9), 17.1.1990 (Annexure P-11) and 2.2.1990 (Annexure P-12) whereby booth No. 57, Sector 19-C, Chandigarh, which was allotted to respondent No. 3, has been resumed and appeal/revision etc. preferred against the said order of resumption has been dismissed. The petitioner also seeks a direction to the respondents not to resume the afore- stated booth and not to evict him therefrom.
(2.) THE facts may be noticed briefly. The site of booth No. 57, Sector 19-C, Chandigarh (for short, the subject booth) was allotted to respondent No. 3 by the Chandigarh Administration vide its memo. dated 23.5.1955 for a sale consideration of Rs. 5300/- (Rs. 4770/- after rebate). In Clause 8 of the allotment letter (Annexure R-1) it was stipulated that the booth shall not be used for any purpose requiring the use of fire such as Tandoor etc. and that booth could be used for the trade indicated in the margin, which was "fruit and vegetable". Clause 11 provided that the sale of the booth was subject to the Capital of Punjab (Development and Regulation Act 1952 (for short '1952 Act') and the rules framed thereunder. "8. The booth shall not be used for any purpose required the use of fire such as Tandoor, Restaurant, Halwai Shop nor as a Workshop or for manufacture or sale of furniture or Cycle repair shop. The specific trade for which the booth can be used is indicated in the margin. 11. The sale is subject to the Capital of Punjab (Development and Regulation) Act, 1952 and the rules framed thereunder." (emphasis applied)
(3.) ON payment of the entire sale consideration, Conveyance-Deed was executed between the Chandigarh Administration and the third respondent on 28.7.1959 (Annexure P-1). Clause 1(a) of the conveyance deed provides that the transferee shall enjoy the right of possession and enjoyment so long as he conforms to the terms and conditions of sale. Similarly, clause 4 provides that "the transferee shall within five years from the date of issue of allotment order, namely 15.2.1955, complete the construction of commercial building on the said site, xxx xxx xxx xxx." Likewise, clause 9 further provides as follows :- "(9) The transferee shall not use the said site for a purpose other than that of Commercial purpose nor shall he use the building constructed on it for a purpose other than that in accordance with the rules of Capital of Punjab Development and Regulation Act 1952." (emphasis applied) ;