Shakuntla Devi vs Special Secretary

Surya Kant, J.—The petitioner impugns the orders dated 09.08.2010, 18.07.2012 and 27.06.2013 whereby eviction order in respect of LIG House No. 3006, Ground Floor, Sector 70, Mohali was passed and that order has been upheld in appeal and revision petition.

The above stated small dwelling unit was allotted to one Narinder Kumar/Singh on 21.09.1998 and thereafter re-allotted in favour of the petitioner on 21.03.2003. It appears that soon after purchasing the dwelling unit, the petitioner started misusing the same by running a Kiryana Shop. A report to this effect was submitted by the enforcement staff on 02.08.2004. The petitioner was served with a show cause notice but having found that she was not inclined to remove the misuse, the site was resumed vide order dated 26.05.2005. The Appellate Authority vide order dated 09.08.2007, however, restored the site after imposing penalty of Rs. 2500/- on the petitioner.

Old habits die hard. The petitioner on restoration of the unit, raised unauthorised construction in violation of the building plans and without obtaining any prior permission of the competent authority. This led to issuance of yet another show cause notice, inter-alia, pointing out that she had constructed stairs, kitchen and a boundary wall and also covered the court-yard. The petitioner submitted her reply to the show cause notice and the same having been found unsatisfactory, the flat was again resumed. Appeal and revision petition having failed, the petitioner is before this Court.

During the pendency of the writ petition, the petitioner has filed an affidavit along with photographs and a report submitted by the enforcement staff of the respondent-authorities, inter-alia, to the effect that unauthorised constructions have been demolished and only that construction which is compoundable has been retained. Learned counsel for the petitioner, on instructions from the petitioner''s husband, who is present in Court, states at the bar that neither the premises is being misused by running Kiryana Shop nor any unauthorised construction exists at the spot.

Having heard learned counsel for the parties and taking into consideration the categoric stand taken by the petitioner before us that misuse has been stopped and unauthorised constructions have been removed, we are inclined to grant one more opportunity to the petitioner to retain the small dwelling unit. Consequently, the resumption order and the appellate/revisional orders are set aside, subject, however, to the condition that the petitioner shall abide by her statement/undertaking that henceforth the premises shall not be misused in any manner and no unauthorised construction shall be raised. In this regard, we authorise the team of the enforcement staff to make surprise visits to the petitioner''s premises and if it is found that she is still misusing the same or has raised unauthorised construction, the authorities shall be at liberty to proceed against the petitioner, in accordance with law. If any part of the construction raised by the petitioner is compoundable, the petitioner shall be at liberty to file an appropriate application for its regularisation on payment of requisite charges, which shall be considered by the competent authority, in accordance with law.

Disposed of. Dasti.