Disposed

Ram Avad v. Ut of Chandigarh and Ors.

Punjab & Haryana HC19 Jan 2012CWP/16440/2009

Case brief

AI extract

What is this about?

The Court dismissed the challenge to the cancellation of the petitioner's dwelling unit allotment. Instead of allowing the appeal, the petitioner was directed to file an affidavit undertaking compliance and agreeing to remove unauthorized alterations at their own cost. Upon compliance, possession was to be restored within two weeks.

What did the court decide?

Petitioner directed to file affidavit undertaking compliance and removal of unauthorized additions at his cost; possession to be restored within two weeks upon compliance.

Ram Avad Vs Ut of Chandigarh and Ors. — Writ and Judicial Review | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARAYANA AT CHANDIGARH

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CWP No. 16440 of 2009 (O&M) Date of Decision: 19.01.2012

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Ram Avad …..Petitioner

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Versus

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Union Territory, Chandigarh and others …..Respondents

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Present: Shri Pritam Saini, Advocate, for the petitioner.

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Ms. Alka Chatrath, Advocate, for respondent No.1.

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Shri Daman Dhir, Advocate, for Shri P.S. Bajwa, Advocate, for respondents No. 2 to 4.

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CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N. JINDAL

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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HEMANT GUPTA, J.

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Challenge in the present writ petition is to the order dated 17.8.2000 (Annexure P.1), whereby the allotment of dwelling unit to the petitioner was cancelled on account of running of an unauthorized electric shop.

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The petitioner filed an appeal against the order before the Chairman, Chandigarh Housing Board, was

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( 2)

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CWP No. 16440 of 2009 (O&M)

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dismissed on 10.1.2008. Further appeal filed before the Secretary Chandigarh Housing Board and revision before the Advisor to the Administrator, U.T., Chandigarh, were also dismissed vide orders dated 26.5.2009 and 14.10.2009, respectively.

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Learned counsel for the petitioner has pointed out that similar orders passed in respect of other allottees have been set aside on the undertaking of all such allottees that they shall remove additions and alterations such as CWP No. 4731 of 2008 -Krishan Lal v. Union Territory, Chandigarh

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We have heard learned counsel for the parties and find that the petitioner is entitled to the similar order, subject to the following conditions:-

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i) That the petitioner shall file an undertaking by way of an affidavit with the Housing Board that he shall have no objection if additions and alterations in the dwelling unit are removed by the Chandigarh Housing Board at his cost.

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ii) That the petitioner shall not misuse the dwelling unit i.e. he will use the same for the purpose of residence and will comply with all the conditions of allotment.

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iii) That if such an affidavit is filed, the Chandigarh Housing Board, shall remove the additions and alterations made in the house including encroachments made on the Government land at the costs of the petitioner. After removing such unauthorized additions and alterations, the possession of

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( 3)

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CWP No. 16440 of 2009 (O&M)

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the dwelling unit shall be restored to the petitioner within two weeks of the filing of the undertaking.

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iv) In case in future there is any misuse or unauthorized construction, the Board shall be competent to take action in accordance with law.

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Disposed of in the above terms.

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(Hemant Gupta) Judge

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(A.N. Jindal) 19.1.2012 Judge reena/ds

Ram Avad v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

Ram Avad v. Ut of Chandigarh and Ors.

Case brief

What is this about?

What did the court decide?

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