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SHASHI KUMAR & ORS versus CHANDIGARH ADMINISTRATION & ORS

High Court of Punjab and Haryana, Chandigarh

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Shashi Kumar & Ors v. Chandigarh Administration & Ors - CWP-17645-2004 [2006] RD-P&H 4153 (14 July 2006)

IN THE COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.17645 of 2004

DATE OF DECISION: July 14, 2006

Shashi Kumar and others

....Petitioners

VERSUS

Chandigarh Administration and others

.....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S.BHALLA

PRESENT: Shri Anuj Raura, Advocate for the petitioners.

Shri K.K.Gupta, Advocate for the respondents.

Viney Mittal,J.(Oral).

The grievance made by the petitioners before this Court is that although an allotment letter dated April 4, 2001 was issued to them and even offer for possession of the plot was made but the actual physical possession of the plot could not be taken by them on account of the fact that there was an electricity stay wire in the said plot. The said stay wire was removed for the first time on May 11,2004 as reflected by the communication (Annexure P.10) and it was only thereafter that the plot in question could be used for the purposes of construction.

Shri Anuj Raura, the learned counsel appearing for the petitioners has also specifically pointed out the last portion of the communication (Annexure P.10) to contend that the actual physical possession of the plot in question was handed over to the petitioners only on May 11, 2004. On the basis of the aforesaid fact, the learned counsel for the petitioners maintains that the first instalment payable by the petitioners was to commence after the expiry of one year from the date of the aforesaid offer of possession. Consequently, the petitioners have prayed that the respondents should be directed to re- schedule the payment schedule with regard to the said plot.

The claim of the petitioners has been contested by the respondents. It has been maintained that the aforesaid stay wire was only near the boundary wall of the plot in question and was not putting hindrance in any manner in the construction of the main building.

During the course of arguments. Shri K.K.Gupta, the learned counsel appearing for the respondents has also maintained that the petitioners had already raised construction on the plot in question and as a matter of fact, the actual physical possession of the plot was handed over to the petitioners in the year 2001 itself at the time of allotment.

From the aforesaid divergent pleas taken by the parties, we find that the matter requires to be investigated. Consequently, we direct the Assistant Estate Officer, UT, Chandigarh (exercising the powers of Estate Officer) to look into the factual aspect of the matter and thereafter takes such an appropriate action as may be required to be taken in accordance with law.

For this purpose, the petitioners/owners would be required to file a detailed and comprehensive representation before the Assistant Estate Officer, UT, Chandigarh within a period of four weeks from the date a certified copy of this order is received.

Alongwith the aforesaid representation, all the relevant documents shall be annexed. On receipt of the aforesaid representation, the Assistant Estate Officer shall pass a detailed and speaking order within a further period of four months after affording an opportunity of hearing to the petitioners or their authorized representatives.

A copy of the order be given dasti on payment of usual charges.

(Viney Mittal)

Judge

July 14,2006 (H.S. Bhalla)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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