Constitution of India, 1950, Article 226 -- Challenge to cancellation of lease of built - up booth, for failure to pay instalments of premium etc., on the ground that Administration failed to fulfill its contractual obligation of giving fully developed site and due to lack of basic amenities like water and electricity, parking place etc., petitioner could not run .business..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3) -- Procedure prescribed for cancellation of site/building - Consistent with rules of natural justice - Provisions of Rule 12 do not offend concept of fair play - Rules of natural justice statutorily engrafted in Rule 12 and in Section 8 - A Capital of Punjab (Development and Regulation) Act...........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12, 20 -- Cancellation of lease for default in payment of instalment of lease amount - Order upheld in appeal and in revision and writ petition challenging these orders dismissed by Division Bench of High Court reported as 1999 (1) PLJ 417 - Supreme Court accepted the appeal, order of cancellation of lease set..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 22(4), 22(1), Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4), 10(1) -- Order of Revisional Authority upholding forfeiture of premium where Appellate Authority cancelled forfeiture of premium - Without jurisdiction - Set aside - Once Appellate Authority ordered restoration of site subject..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of site on ground of mis - use of residential premises for school - Plea that mis - use of premises by tenant should not be made basis for penalising owner of site/building - Not tenable - Transferee (including successors and assignees) cannot plead innocence simply by saying that tenant mis..........
Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Re-transfer of site where resumption of site upheld - Mis - use of premises stopped before filing of writ petition and for a period of more than 8 years from date of passing of order of resumption, possession of site and building both with petitioner - Authorities directed to dispose of application of..........
Constitution of India, 1950, Article 226 -- Bar of res judicata - Resumption order under Section 8 - A Capital of Punjab (Development and Regulation) Act on ground of mis-use of residential building for running a School upheld in appeal and in revision - Division Bench of High Court dismissed writ petition challenging these orders - Thereafter review filed before..........
Constitution of India, 1950, Article 226 -- Challenge to orders under Rule 22(2) & (4) of Chandigarh Lease Hold of Sites and Building Rules, 1973 upholding forfeiture when resumption order set aside on ground of stoppage of mis - use - Not tenable - Appellate Authority has jurisdiction to maintain order of forfeiture even if cancellation of lease or resumption of site is'..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, 10 -- Resumption order as well as appellate and revisional orders on account of mis - use of premises - Challenge to - Plea that mis - use of premises has been vacated - Authorities directed to get site inspected and submit a report - Inspection report shows that mis - use of premises which constituted..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3, 22 -- Industrial plot, allotment of - Screening Committee did not recommend allotment of plot - On representation Authorities decided to re - consider case for allotment of plot - Inspite of negative recommendations of Screening Committee allotment of plots to 5 named persons - Authorities offered no..........
