ORDER
V.K. Bali, J.
1. Challenge herein is to an order, Annexure P-1 dated June 25, 1979 passed by the Assistant Estate Officer exercising the powers of the Estate Officer as also to the order passed by the Chief Administrator, dated September 8, 1981, Annexure P-2 vide which the appeal preferred by the petitioner against order, Annexure P-l, was dismissed. Challenge is also to an order dated June 26, 1991, Annexure P-3, passed by the Advisor to Administrator the same fate.
2. There is no need at all to give the detailed facts of the case and suffice it to say that the impugned order, Annexure P- l, was passed as the petitioner had put the residential house to use as a guest house. For misuser of the building, therefore, a show cause notice was issued and after finding that petitioner had put the residential house to the use of a guest house, site in question, i.e. House No. 346, Sector 21, Chandigarh, was resumed.
3. At this stage, Mr. Patwalia, learned counsel for the petitioner has not disputed that the house in question being a residential house, was actually put to the use of guest house and that such an act of commission by a citizen does entail an order of resumption under the provisions of Section 8-A of the Capital of Punjab (Development & Regulation) Act, 1952. He however, contends that in some petitions filed in this court earlier in point of time wherein provisions of section 8-A were challenged being ultravires and the challenge to that effect had failed, matter was carried to the Supreme Court in appeals and while disposing of the said appeals, the Supreme Court in Babu Singh Bains v. Union of India and Ors., (1997-1)115 P.L.R. 250, has held that in case the misuser is to stop within six months, then the building should be restored. It was further observed that in those cases where the owners had already stopped the misuser, the buildings shall be restored to them. However, if misuser was repeated, the order of resumption was to stand or a fresh order was to be passed without taking recourse to any proceedings. The judgment referred to above, was followed by a Single Bench of this Court in Harbans Singh Ahluwalia v. State of Punjab and Anr., (1997-1)115 P.L.R. 837 of 1996 decided on January 16,1997. In Civil Misc. No. 16785 of 1997 it has been averred that as far back as on December 11, 1996 petitioner had informed the respondent Administration that there was no guest house running and even the one, alleged to be running, had been discontinued. Thereafter, the officials of the Administration had also inspected the premises and in view of the petitioner, they were satisfied that there was no misuser.
4. The learned Counsel representing the respondents, however, contends that Supreme Court while dealing with the case of Babu Singh Bains v. Union of India and Ors. (supra) had only commented upon the provisions of Haryana Develop ment Authority Act whereas in the present case action had been taken tinder the provisions of Capital of Punjab (Development & Regulation) Act, 1952. The judgment of the Apex Court in Babu Singh Bains v. Union of India and Ors. is, thus, not applicable to the facts of the case contends the learned Counsel representing the respondents. Mr. Patwalia, learned Counsel representing the petitioner with a view to controvert the contention raised by the learned Counsel for the respondents contends that even if it is true that in Babu Singh Bains v. Union of India and Ors. (supra) the Apex Court was dealing with the provisions, of Haryana Development, Authority Act yet while the matter was decided by this Court provision of Capital of Punjab (Development & Regulation) Act, 1952 were compared and held part materia. It is further the contention of the learned Counsel that no distinction at all was made by the Supreme Court on the basis of provisions of the two Acts referred to above and in every case, if the misuser was to stop the site or building as the case may be was restored and only penalty was imposed. This contention of the learned Counsel for the petitioner could not be controverted by the learned Counsel repre-senting the respondents. This court is also of the view that no distinction at all on the basis of the provisions of the two Acts referred to above can possibly be made nor any such distinction was made by the Supreme Court in Babu Singh Bains v. Union of India and Ors. (supra). A reading of the judgment passed by this Court against which an appeal was carried culminating in a decision rendered in Babu Singh Bains’s case (supra) would also show that provisions of the two Acts were compared and held pari materia. There is no need to go into the question whether misuser has been stopped or not. Suffice it to say that respondent-authorities will verify as to whether misuser has stopped and in case it has, orders of resumption shall not be invoked against the petitioner. However, if the misuser is still there and if the petitioner again puts the premises to some other use, a fresh order of resumption shall be passed without taking recourse to any proceedings.
5. The only question that still remains to be decided is as to how much penalty should be imposed upon the petitioner. This Court was of the view that the matter should be left to the discretion of the authorities concerned but the learned counsel representing the parties state, that this Court may decide the quantum of penalty as the matter left to the discretion of the authorities may not result into other, bout of litigation. The learned Counsels further state, that in the facts and circumstances of this case a penalty of Rs.3,000/- per year for the period misuser continued should be . sufficient. The Court accepts the statement of the learned Counsel for the parties and imposes a penalty of Rs.3,000/- per year for the period the misuser continued. The petitioner shall pay the penalty that has been imposed within a month from the date copy of the order is received by the petitioner. Parties are left to bear their own costs.