A
R.C. CHAWLA
v.
STATE OF HARYANA AND ORS.
JANUARY 12, 1996
B
[K. RAMASWAMY AND G.B. PATTANAJK, JI.]
Housing :
Haryana Urban Developmenl Authorit)~Allotment of residential
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pre1nises-Used .for co1nmercial purpose de.fvin!{
c:ondition~· of
allotment-Ordered to comp(v with the cnnditiom~HUDA at liberty lo
ver~fv--{f it is satf3:fie~l that conimercial u.\·e is stopped it shall withdraw the
resu1nption order.
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 2343 of
D
1996.
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F
G
From the Judgment and Order dated 25.1.90 of the Punjab & Haryana
High Court in C.W.P .. No. 5576 of 1988.
S.K. Bagga and Ms. S. Bagga for the Appellant.
I.S. Goyal and Ms. lndu Malhotra for the Respondents.
The following Order of the Court was delivered :
Leave granted.
As per the orders of this Court passed earlier, if the appellant wants to
avail of the allotment, he necessarily has to comply with the conditions of
allotment . Consequently, he cannot use allotted residential premises for
commercial purpose. The appellant has filed an affidavit verified on January
4, 1996 stating, among other things, thus :
"Thal as per the order of Honourable Supreme Court of India, I have
got the conunercial use of my house stopped w.e.f. 2.1.96.
The above statement is true to the best of my knowledge."
H
The learned counsel for the respondents states that he does not have
466
R.C. CHAWLA v. STATE
467
any inforn1ation as to what was the action taken by the authorities in that
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behalf. Sri S.K. Bagga, the learned counsel has shown to the learned counsel
for the respondents that the statement also was communicated to the HUDA
and the respondents. The respondents are at liberty to verify whether the
appellant had stopp6d use of the premises for commercial use w.e.f. January
2, 1996 and on being so satisfied, they are directed to withdraw the
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impugned resumption order.
The appeal is accordingly disposed of. No costs.
G.N.
Appeal disposed of.
Lex