JUDGMENT
G.S. Singhvi, J.
1. This petition has been filed for quashing the order Annexure P-5 passed by the Assistant Estate Officer, exercising the powers of the Estate Officer, Chandigarh for resumption of House No. 115, Sector 8-A, Chandigarh on the ground of mis-use of residential premises and orders Annexure P-6 and P-7 passed by the appellant as well as revisional authorities confirming the order of the Assistant Estate Officer.
2. A bare reading of the order/Annexure P-5 shows that proceedings under Section 8-A of the Capital of Punjab (Development and Regulation) Act, 1952 were initiated against the petitioners on the ground of misuse of residential premises and the order for resumption was passed because the misuse was found to be continuing.
3. On November 15, 1990, this Court had while issuing notice of motion, stayed dispossession of the petitioners from the house in question. For last almost 8 years the stay order has remained operative and the petitioners have retained possession of the house in question.
4. When the case was taken up for hearing on July 21, 1998 Shri Sarjit Singh appearing for the petitioners made a statement that his clients have vacated the misuse of the property. We, therefore, directed Shri Ashok Aggarwal to get the facts verified from the officers of the Estate Office.
5. Today, Shri Aggarwal has, on instructions from the officers of the Estate Office made a statement that the mis-use of the premises as found by the Assistant Estate Officer has been vacated. He stated that three rooms of the disputed house are being used as an office of the Advocate and the remaining portion of the building is being used for the purpose of residence. He further stated this portion is under renovation.
6. In view of these developments i.e. vacation of the mis-use found at the time of passing of the order of resumption, we deem it proper to take a compassionate view of the matter and set aside the orders under Challenge in so far as they relate to the resumption of the property of the petitioners.
7. The writ petition is accordingly allowed. Orders Annexure P-5, P-6 and P-7 are set aside to the extent of resumption of site. This shall be subject to the following conditions:-
1) The petitioner shall within one month from today deposit the amount of forfeiture alongwith interest at the rate of 15% as indicated in the order Annexure P-5.
2) If the respondents find that future use of the property is in violation of the provisions of 1952 Act, the Rules or the Regulations or the Scheme framed thereunder, they shall be free to take fresh proceedings in accordance with law.