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2012 DIGILAW 105 (PNJ)

Dukhi Ram v. Union Territory, Chandigarh

2012-01-19

A.N.JINDAL, HEMANT GUPTA

body2012
JUDGMENT Mr. Hemant Gupta, J.: - Challenge in the present writ petition is to the order dated 18.8.2000 (Annexure P.1), whereby the allotment of dwelling unit to the petitioner was cancelled on account of running of an unauthorized hardware shop. 2. The petitioner filed an appeal against the order before the District Judge, Chandiarh, purportedly exercising the Appellate powers in terms of Section 54 of the Haryana Housing Board Act, 1971, as applicable to the Chandigarh. Such appeal was dismissed. The Additional District Judge, Chandigarh, found that the petitioner has made encroachments on Government land in front of the site and the possession of the dwelling unit has been taken over by the respondents. 3. 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 4. We have heard learned counsel for the parties and find that the petitioner is entitled to the similar order, subject to the following conditions:- 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. 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. 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 the dwelling unit shall be restored to the petitioner within two weeks of the filing of the undertaking. iv) In case in future there is any misuse or unauthorized construction, the Board shall be competent to take action in accordance with law. Disposed of in the above terms. -----------------