Smt. Jasmer Kaur vs The Chandigarh Administration

G.S. Singhvi, J.—These petitions have been filed to quash the order of resumption passed by the Assistant Estate Officer, exercising the power of the Estate Officer, Union Territory, Chandigarh, on the ground of misuse of residential premises. The petitioners have also challenged the orders passed by the appellate and the revisional authorities.

Although the petitioners have raised several grounds to challenge the impugned orders it is not necessary to deal with them. Today, the learned counsel for the petitioners in Civil Writ Petition Nos. 379 and 380 of 1992 has filed affidavits of Shri Dwarka Nath, partner of M/s Handa Agencies and Shri Sham Lal Bansal. In his affidavit, Shri Dwarka Nath stated that the basement of the disputed premises, which is in its possession, shall not be used for sale of Melamine/Plastic goods after six months ending on 15.3.1999. In his affidavit, Shri Sham Lal Bansal has stated that he has stopped storage of medical appliances in the tenanted premises and he will not use portion in his possession for commercial purposes. In view of the undertakings given by two of the three petitioners, we deem it proper to quash the orders of resumption.

As far as petitioner Jasmer Kaur is concerned, it is an admitted fact that she is using the tenanted premises for the purpose of consultation as a Homoeopath. Therefore, her case deserves to be considered by the administration in the light of the revised policy framed for the purpose of use of residential premises.

In view of the above, we quash the order of resumption as well as the orders passed by the appellate and revisional authorities subject to the following conditions:-

i) The petitioner in Civil Writ Petition No. 379 of 1992 shall vacate the misuse at the end of six months period. However, this shall not affect his right to remain as tenant of the disputed premises.

ii) Within one month from today, the petitioner Dr. Jasmer Kaur shall make application to the competent authority for regularisation of misuse, namely, running of Homoepathic Clinic. The competent authority shall pass appropriate orders on such application within two months.

iii) If the petitioners M/s Handa Agencies or Sham Lal Bansal misuse the premises or violate the undertakings filed in the Court, the respondents may file miscellaneous application to bring this fact to the notice of the Court for passing appropriate order.

Copy of this order be made available to the petitioners/learned counsel dasti on payment of fee prescribed for urgent applications.