JUDGMENT Mr. Hemant Gupta, J.: - The challenge in the present writ petition is to an order dated 07.06.1982 passed by the Estate Officer, Union Territory (for short ‘U.T’) Chandigarh, resuming Site No.1064-65, Sector 22-B, Chandigarh and forfeiting a sum of Rs.20,100/- representing 10% of the price of the site to the Government; an order passed by the Chief Administrator, U.T. Chandigarh on 04.04.1989 upholding the order passed by the Estate Officer, as also the order passed by the Adviser to the Administrator, U.T. Chandigarh on 20.12.1991 affirming the order passed by the Chief Administrator as also the order passed in review petition on 05.02.1992 whereby the Adviser to the Administrator, U.T. Chandigarh dismissed the review petition filed by the petitioner. 2. The petitioners are purchasers of site in question in an auction held on 09.05.1971. The site in question was to be used for general trade in terms of conditions of letter of allotment. After completion of the building, the building constructed on the site was let out to various tenants. On account of misuse, that the partitions made in the shop and the show window had been converted into sale booth, the Estate Officer passed an order of resumption on 07.06.1982. However, such order was affirmed in appeal and revision. 3. During the pendency of the present writ petition, the Chief Administrator has issued various directions permitting certain changes in the similar sites in question including partitions. This Court on 03.10.2013 directed the respondents to inspect the spot and submit report since the resumption has been ordered on the basis of building violations. Inspection report dated 13.11.2013 has been placed on record, which reads as under:- ----------------------------------------------------------------------------------------------------------------------------------------- Sr. No. Building Violations Present Status Remarks ----------------------------------------------------------------------------------------------------------------------------------------- 1. Partition has been Still exist at site at The partition/cabins made in the shop. the time of inspection. constructed at ground floor i.e. shop of height 7’-0" for the independent users i.e. 13 cabins exist at site. As per the PAC (Lower) members the same not sanctionable, only one sub-division of the shop is allowed at ground floor subject to payment, if the owner submit revised plan. ----------------------------------------------------------------------------------------------------------------------------------------- 2. Show window has Set right at site. Glazing has been been converted into provided. sale booth ----------------------------------------------------------------------------------------------------------------------------------------- Additional violations: ----------------------------------------------------------------------------------------------------------------------------------------- 1. As per the PAC (Lower) members the same not sanctionable, only one sub-division of the shop is allowed at ground floor subject to payment, if the owner submit revised plan. ----------------------------------------------------------------------------------------------------------------------------------------- 2. Show window has Set right at site. Glazing has been been converted into provided. sale booth ----------------------------------------------------------------------------------------------------------------------------------------- Additional violations: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Front and rear Still exist at site at Glazing provided at +/- 0" Elevation of the the time of level in front and rear building changed inspection. elevation. As per PAC (L) members, Glazing at first and second floor in the front and rear elevation is allowed subject to payment, if the owner submit the revised building plan. ----------------------------------------------------------------------------------------------------------------------------------------- 2. Partitions/cabins Still exist at site at The partitions/cabins constructed at the time of constructed at ground, ground, first and inspection. first and second floor second floor. occupied by the different independent users i.e. shops. As per PAC (Lower) members, numbers of shops with different uses are not allowed. Only one sub- division of the shop is allowed at ground floor subject to payment. Only office wooden cabin partition allowed with air conditioned at first and second floor for single use, if the owner submits the revised building plan. ----------------------------------------------------------------------------------------------------------------------------------------- 3. Partitions/cabins The basement used for constructed in the habitable purpose basement. i.e. shops running in the basement and used by the independent users. As per the PAC (Lower) members, shops in basement are not allowed. Habitable use of the basement is allowed on subject to payment with sufficient light and ventilation with 100% power back-up for single use. ----------------------------------------------------------------------------------------------------------------------------------------- 4. Similar inspection report has been produced in the Court carried out on 06.08.2014. 5. A perusal of the record shows that out of two building violations, on the basis of which the resumption order was passed, one has been removed i.e. sale booth from the show window has been removed. However, the question as to whether, the partitions are the acts of misuse need to be examined. 6. Learned counsel for the respondents has vehemently argued that as per the inspection report dated 13.11.2013, 13 cabins have been constructed at the ground floor which are not sanctionable. The partitions at the ground, first and second floor are stated to be not permissible as numbers of shops of different users are not allowed. 6. Learned counsel for the respondents has vehemently argued that as per the inspection report dated 13.11.2013, 13 cabins have been constructed at the ground floor which are not sanctionable. The partitions at the ground, first and second floor are stated to be not permissible as numbers of shops of different users are not allowed. Only one sub-division of the shop is allowed at the ground floor that too subject to payment of composition fee. It is further noticed that the office wooden cabin partition is allowed with air conditioning at first and second floor for single use. The basement is being used for habitable purpose i.e. shops running in the basement and used by the independent users. Shops in basement are not allowed. From the report, we may notice that misuse has to be examined separately in respect of misuse of basement, ground floor and that of first and second floor. 7. The Punjab Capital (Development and Regulation) Building Rules, 1952 deals with the Rules for construction of the buildings. Rule 22 prescribes minimum size of habitable rooms; Rule 25 prescribes the minimum height of a room and Rule 28-C, inserted on 22.1.1993 limits the use of basement storey. Such Rules read as under:- “The Punjab Capital (Development and Regulation) Building Rules, 1952 22. Minimum size of habitable rooms.- (a) The minimum size of a habitable room excluding a kitchen shall be 9.3 sq. mts. floor space with a minimum width of 2.2 meter. (b) deleted. (c) A habitable room shall have, for the admission of light and air one or more openings, such as windows and ventilators, opening directly to the external air or into an open verandah. The minimum aggregate area of such opening shall be one tenth of the floor area. (e) Where the lighting and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through artificial lighting and mechanical ventilation as per Part VIII Building Services Section 1 Lighting and ventilation of National Building Code of India published by the Indian Standard Institution. xx xx xx xx 25. (e) Where the lighting and ventilation requirements are not met through day lighting and natural ventilation, the same shall be ensured through artificial lighting and mechanical ventilation as per Part VIII Building Services Section 1 Lighting and ventilation of National Building Code of India published by the Indian Standard Institution. xx xx xx xx 25. Minimum height of a room verandah etc.- The height of a habitable room shall not be less than 2.75 metres (9 feet) measured from the surface of the floor to the lowest point of the finished ceiling subject to joisoists, beams or rafters, if provided, being at a height note less than 2.26 meteres (7 feet 6 inches) measured from the surface of the floor to the underside of the joists, beams or rafters. In the case of air-conditioned rooms, the minimum height can be 2.24 meters (8 feet) measured from the surface of the floor to the lowest point of the air-conditioning duct or the false ceiling; Provided that the minimum height of a water closet, a bath-room, a store, a gallery, a verandah and a mezzanine floor can be 2.26 metres (7 feet 6 inches). xx xx xx xx 28-C Use of Basement Storey.- The basement to be constructed within the prescribed coverage norms may be put to only the following uses:- (a) Storage of household or other goods of ordinarily incombustible material; (b) Storage rooms, bank-cellars etc; (c) Air conditioning equipment and other machines used for services and utilities of the building. Modern automated laundry shall be allowed only in the basement of Hotels, Lodging-cum- Restaurant sites and Hospitals/Nursing Home sites, as an ancillary service for the purpose for which the site has been sold and meant for in-house services only subject to the condition that the effluent of the laundry shall be properly pumped up to the ground floor Inspection Chambers and discharged to the main sewer; (d) Parking spaces. (e) Installation of Printing Press in respect of Press Sites in Sector 25.” 8. The Chief Administrator, Chandigarh also issued directions on 22.01.1993 in exercise of the powers conferred under Section 4 of the Punjab Capital (Development and Regulation) Act, 1952. The relevant directions in respect of the shops situated on Himalaya Path, the area in question are:- “1. Sub-Division of Shops. The Chief Administrator, Chandigarh also issued directions on 22.01.1993 in exercise of the powers conferred under Section 4 of the Punjab Capital (Development and Regulation) Act, 1952. The relevant directions in respect of the shops situated on Himalaya Path, the area in question are:- “1. Sub-Division of Shops. In the City Centre Sector-17, Chandigarh maximum four subdivisions of shop size 34’- 6" X 103’-0" shall be allowed at the ground floor only with minimum size of each sub-division as 17’-3" X 51’-6" inclusive of public corridor subject to the following conditions namely:- (a) The ownership of the shop shall not be changed. (b) The sub-divided shops shall not be transferred by way of sale, gift, mortgage, will/power of attorney or otherwise. (c) The sub-division shall be made by providing internal temporary wooden partitions only and architectural control applicable to the site shall not be changed. (d) No additional entry for the sub-division shall be allowed. (e) The owner/lessee of the site shall provide a partition only after getting the building plans approved from the Chief Administrator, Chandigarh. (f) The owner/lessee of the site shall pay the prescribed fees as under to the Estate Officer, Chandigarh.- xx xx xx xx In case of shops of size 34’-6" X 70’-0" or 34’-6" X 200’-0" along Madhya Marg, Dakshan Marg, Himalaya Path, only one temporary wooden partition shall be allowed to divide one shop into two shops subject to the conditions (a), (b), (c) (d) and (e) referred to above in case of shops in City Centre, Sector-17. The owner/lessee shall pay a composition fee @ 10% of the present market value of the site subject to minimum of Rs. 3 lacs. xx xx xx xx For functional requirement of office space on the first, second and third floor of shop-cum-office, temporary wooden partitions can be allowed without charging any fee subject to the following conditions namely:- (a) The Architectural Control shall not be changed. (b) The rooms shall be provided sufficient light, ventilation and toilet facilities in accordance with the provisions contained in the Punjab Capital (Development and Regulation) Building Rules, 1952 as amended from the time to time. (c) The maximum height of wooden partition of shop shall be 6’- 9". (d) The ownership of the site shall not be changed. Sub-divided rooms shall not be transferred by way of sale, gift, mortgage, Power of Attorney or otherwise. (c) The maximum height of wooden partition of shop shall be 6’- 9". (d) The ownership of the site shall not be changed. Sub-divided rooms shall not be transferred by way of sale, gift, mortgage, Power of Attorney or otherwise. (e) The owner shall get the building plans approved from the competent authority. xx xx xx” 9. Subsequently, there were fresh set of directions issued on 14.05.2002 by Chief Administrator, Chandigarh. The relevant directions read as under:- “2. Internal need based requirements for a particular trade or office (e.g. partitions for offices, reception, kitchen, pantry, store, air conditioning elevator (etc) shall be allowed. The internal plan of rooms, corridors, etc. shall be at the discretion of the transferee/applicant. It is clarified that the partition of ground floor SCO/SCF which is not need based for use as a single premises, but is for the purpose of use as separate shall be subject to payment of composition fees as notified separately. 3. Internal design of the institutional buildings shall be at the discretion of the transferee/applicant. xx xx xx xx 7. The non-residential habitable use of basements shall be allowed in conformity with the Building Bye Laws (Rule 20 D (iii)) and the National Building Code. In this case the ground floor shall have to be higher than the average ground level as prescribed in the code. Since a habitable basement is to be counted. In the FAR, if it leads to excess FAR composition fee shall be payable as fixed by the Administration from time to time. It is clarified that partitions in a basement shall be allowed, provided it is used as a single premises or as a service area for upper floors, in accordance with the Building Bye-Laws, National Building Code and Fire Safety Regulations.” 10. In the light of the statutory Rules and the directions issued by the Chief Administrator in terms of Section 4 of the Act, we may observe that once the Building Rules have been framed, the directions to be issued by the Central Government or the Chief Administrator can supplement the statutory Rules. The directions cannot supplant the statutory Rules. In other words, where the Rules are silent, the Central Government or the Chief Administrator can issue the directions but such directions cannot be in contradiction to the statutory Rules framed. The directions cannot supplant the statutory Rules. In other words, where the Rules are silent, the Central Government or the Chief Administrator can issue the directions but such directions cannot be in contradiction to the statutory Rules framed. In the light of the aforesaid basic established principles of law, we shall now examine the stand of the parties in respect of the basement, ground floor and first and second floor separately. Basement 11. The Administration has framed statutory Rules in respect of site coverage of basement and the use of the basement. Rule 2 (xxvii) of the Rules defines a ‘habitable room’ as a room constructed or adapted to be used by some person as a living room in which a party of the day is spent or a room in which some person may pass the night and shall include a kitchen but shall not include a bathroom, water-closet or store room. Some directions have been issued in exercise of the powers conferred under Section 4 of the Act. 12. In terms of Rule 28-C of the Rules, the basement can be put to use of storage of household or other goods of ordinarily incombustible material, storage rooms etc, whereas the direction No.7 issued on 14.05.2002 permits the non-residential habitable use of basement in conformity with the Building Bye Laws and the National Building Code. The direction permits partition in the basement with a rider that it is used as a single premise or as a service area for upper floors. In view of the Rule 28-C of the Rules read with direction No.7 issued on 14.05.2002, non-residential habitable use of basement is permitted on payment of composition fees provided it is used as a single premise and if it has prescribed height. The non-residential habitable use of basement shall be deemed to include basement for commercial activity but may not be used for residential purposes. 13. Even if it is taken to be usable for commercial activity, the transferee cannot construct partitions unless it is intended to be used as single premises. The ground floor has to be higher than the average ground level as prescribed in the National Building Code. The composition fee shall also be payable for excess of FAR. As per the report dated 13.11.2013, the shops are running in the basement as independent users. The ground floor has to be higher than the average ground level as prescribed in the National Building Code. The composition fee shall also be payable for excess of FAR. As per the report dated 13.11.2013, the shops are running in the basement as independent users. Such running of shops is neither permissible in the Rules nor in terms of the directions issued. Therefore, the basement cannot be used other than for non-residential habitable use that too only by a single user. Letting out of different parts of the basement is not permissible. Therefore, the violations as reported are not permissible in law and thus forms valid basis for resumption of the building. Ground Floor:- 14. In ground floor, 13 cabins have been constructed for independent users. As per direction dated 22.1.1993, the partition of ground floor for the purpose of use as separate premises is permissible when one shop is divided into two shops that too subject to payment of composition fees and sanction of the building plans. 15. The Shop-cum-Office has been sold for the purpose of general trade. The direction No.2 issued on 14.05.2002 permits internal need based requirements for a particular trade or office i.e. partitions for offices, reception, kitchen, pantry etc. The internal plan of rooms and corridors is at the discretion of the transferee. A perusal of the report dated 13.11.2013 shows that 13 cabins have been constructed of 7 ft. height on the ground floor. Such construction is not permissible being in contravention of directions dated 22.1.1993 and direction No.2 issued on 14.05.2002. Therefore, the violations on the Ground Floor as reported are not permissible in law and thus forms valid basis for resumption of the building. First/Second Floor 16. As per direction dated 22.1.1993, the partition at first and second floor are permissible but up to the level of 6’-9" ft. height. The statutory directions contemplate that the building plans have to be sanctioned of the partitions of the first and second floor that will ensure that the partitions are of reasonable size in terms of the Building Rules which provides for access to the partitions so as to ensure safety of the visitors and the users of the partitions. height. The statutory directions contemplate that the building plans have to be sanctioned of the partitions of the first and second floor that will ensure that the partitions are of reasonable size in terms of the Building Rules which provides for access to the partitions so as to ensure safety of the visitors and the users of the partitions. Learned counsel for the petitioners referred to an order passed by the learned Estate Officer in respect of SCO No.142-143- 144, Sector 17-C, Chandigarh in terms of the directions of the Hon’ble Supreme Court. The learned Estate Officer has taken a view that the directions to have minimum size partition measuring 17’3" x 17’ 3" is not practicable and justified when the partitions were made earlier. Learned counsel for the petitioners relying upon such order, sought to argue that the partitions are permissible on the first and second floor which cannot be said to be a misuse. 17. In respect of first and second floor, the directions issued framed on 22.01.1993 permits temporary wooden partitions on the first, second and third floor without charging any fee provided sufficient light, ventilation and toilet facilities are provided and the maximum height of wooden partition shall be 6’- 9". The owner has to get the building plan approved from the competent authority. In fact, the minimum size of habitable rooms has been prescribed in Rule 22 of the Rules which will include the area of rooms after partition. Therefore, partitions on the first and second floor should be of the size mentioned in Rule 22 of the Rules. In the present case, the petitioners have permitted different users on first and second floor without submission of the building plan for constructing cabins on the first and second floor of the building. 18. Thus, we find that violations in the building are not permissible and that the building has been rightly resumed. Therefore, in view of multiple violations in the basement, ground floor, first and second floor, we do not find any error in the order of resumption passed by the authorities under the Act. 19. 18. Thus, we find that violations in the building are not permissible and that the building has been rightly resumed. Therefore, in view of multiple violations in the basement, ground floor, first and second floor, we do not find any error in the order of resumption passed by the authorities under the Act. 19. Learned counsel for the petitioners has vehemently argued that the show-cause notice was issued for resumption only on account of two violations i.e. of the show window and partitions made in the shop but the misuse of window has been stopped, therefore, the resumption order cannot be sustained for the reason that the partitions have been made on the ground floor. The additional grounds cannot be pressed by the Administration to support the resumption order in the present writ petition. 20. We do not find any merit in the said argument. The subsequent events can always be taken into consideration so as to find out whether the misuse is continuing or not. If an occupier is entitled to benefit of the cessation of misuse subsequent to the order of resumption, on the same analogy another act of misuse can always be brought to the notice of the Court to support the order of resumption. 21. Learned counsel for the petitioners could not dispute any finding of the reports dated 13.11.2013 and 06.08.2014. Once the act of violations of the statutory Rules and the directions exist, the resumption order cannot be said to be illegal and unjustified in any manner. In view of the above, we do not find any merit in the present writ petition. The same is liable to be dismissed and is dismissed with no order as to costs. 22. However, before parting we may notice that multiple directions have been issued by the Administration from time to time and amending statutory Building Bye Laws at some other time. The Administration will be well advised to either amend Building Bye Laws comprehensively or to issue comprehensive directions in respect of permitted use of basement, ground floor, first floor and second floor in the commercial buildings as well as in the residential buildings. The Administration will be well advised to either amend Building Bye Laws comprehensively or to issue comprehensive directions in respect of permitted use of basement, ground floor, first floor and second floor in the commercial buildings as well as in the residential buildings. The Administration should take into consideration the ever growing need of the residents of the city where there is acute shortage of the residential and commercial property so as to permit use of basement for wider purposes rather than restricting its use only for non-residential habitable use. We cannot lose sight of the fact that almost all basements in Chandigarh in the commercial areas have been put to use for commercial purposes. Even in respect of the internal planning, it should not be left open to the occupiers. The instructions should be clear in respect of the sizes of the rooms by way of partition, passages etc, so that the users are able to plan the use of building without intervention of the Administration. It would provide more transparency in the working of the Administration and also eliminate the possibilities of arbitrariness. The clear directions would help in solving the risk to life of the citizens in view of the fact that in recent times, certain fire incidents have occurred in the basement and first and second floor may be because of unplanned partitions of the basement, first and second floors. Therefore, to provide facility to the citizens and to avoid adoption of pick and choose policy, the Administration will be well advised to realize the practicable difficulties faced by the residents of the city so that illegalities are not perpetuated or punitive action taken in whimsical manner. 23. The Administration shall take appropriate steps for amendment of the Building Rules or for issuing of the directions within three months of the receipt of the copy of the order. Dismissed. ---------0.B.S.0------------ —————————