IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.15234 of 2009
Date of decision: 14th October, 2009
Rajesh Kumar
... Petitioner
Versus
Municipal Corporation, U.T. Chandigarh and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Ajit Singh, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Petitioner claims that he was inducted as tenant by Pawan
Kumar. Pawan Kumar was allotted Booth No.1 at Mauli Jagran Complex,
U.T. Chandigarh on 28th August, 2002. He failed to comply with the
conditions of the allotment and had not deposited the instalments,
therefore, the Booth was resumed. The resumption order has become
final. The petitioner had assailed the order of eviction passed by Sub
Divisional Magistrate (exercising the powers of Estate Officer) under
Public Premises (Eviction of Unauthorized Occupants) Act, 1971, in
appeal before the Additional District Judge, Chandigarh. Taking into
consideration various factors, the Court came to the conclusion that
petitioner has not been able to justify that he was inducted as tenant.
Mr. Ajit Singh, appearing for the petitioner, submits that
petitioner, as a tenant, was carrying on the business of Chemist in the
demised premises. However, he has not been able to produce any license
to this effect. He has also not been able to produce any bill of purchase of
the medicine. Learned counsel is also not able to allay the apprehension
of this Court that the petitioner was inducted as tenant after the order of
Civil Writ Petition No.15234 of 2009 2
resumption was passed. Faced with this situation, Mr.Ajit Singh submits
that there is a policy introduced by the Chandigarh Administration to sell
the property to the occupant.
On this limited aspect, issue notice of motion.
Mr. Anupam Gupta, Senior Standing Counsel for Union
Territory, Chandigarh, who is present in Court, accepts notice.
Petitioner may file an application detailing the broad contours
of the policy, under which he is entitled to the ownership/allotment of the
demised premises. If such an application/representation is filed, the same
shall be decided within three weeks after receipt of certified copy of this
order, by passing a speaking order. The application/representation shall
be accompanied by the certified copy of this order. Till the
application/representation is decided, the petitioner shall not be evicted by
adopting coercive methods.
With these observations, present writ petition is disposed of.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
October 14, 2009
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