Amendment status not verified — confirm the current text below against the official source.
Violation of Act - The premises in dispute were leased out to the tenant for his residence - He started running a printing press in the name of a Firm solely ownedby himself- Conversion of building from residential to non-residential one in violation of provision of Capital of Punjab Act, 1951 is illegal - Tenant held liable to eviction for conversion of building unauthorisedly - Even the plea of consent of landlord against the statute, cannot help the tenant - Shri Rai Chand Jain v. Miss Chandra Kanta Khosla, 1991 HRR 1 S.C. Violation of Regulation - Demised premises were located in a residen- tial part of a Sector of Chandigarh - Letting out of such building for the purpose of trade in violations of the provisions of the Capital of Punjab Act would not bring the premises within the fold of non-residential building - Surf it Singh it Harbans Singh, 1989 HRR 1. Violation of terms of allotment — Unauthorized construction - Allotment of site canceled as allottee had raised construction in violation of terms of allotment —Now after removal of illegal construction allotment is restored to the petitioner -- 2017(1) Har. LR 286 D.B. Violations - Four out of five violations in construction of building became compoundable at the time of violation of final hearing of the writ petition - Peti- Capital of Punjab (Development and Regulation) Act, 1952 29 tioners gave undertaking to remove the 5th violation in accordance with condition laid down by the Administration - Relying upon Division Bench judgment deliv- ered in Jagdish Rai 's case 1998 (1) P.L.J. 221 petitioner allowed opportunity to approach Competent Authority and should pay compounding fee as well as remove violated item within one month - Resumption of building set aside subject to these observations - Amit Pal Singh v. Chandigarh Administration, 2004(2) HRR 3t, 1 Vires of Act - Chandigarh (Sales of Sites and Buildings) Rules, 1960 — Rule 11-D — Deletion of Rule 11D effect on section 8-A— Provisions of sect on 8Awere challenged mainly on the ground that after deletion of Rule 11D, validity of section 8 cannot be upheld — Contention is without merit as Hon' ble Supreme Court has upheld the constitutional validity of section 8A in Babu Singh Bains case 1996 HRR 511 S.C. and in Ram Pun's case AIR 1982 P&H 301 — Section 8A is not hit by Articles, 14, 19(1) (f), 31 and 300-A of the Constitution - Dheera Singh v. UT. Chandigarh Admn., 2013(1) Haryana Law Reporter 57 F.B. Writ of Certiorari - Error of law - High Court can interfere in a finding of fact only when such finding is perverse and there is an error of law -Adequacy or sufficiency of evidence cannot be made the basis for interference - When allottee was found to be wilful defaulter for not paying the instalments despite several opportunities, order of cancellation of plot held not liable to be set aside in a writ petition - Harpal Singh v. Union Territory, Chandigarh, 1997 H.R.R. 527 D.B. Writ petition procedure -Admission ofAnother writ petition does not prevent - High Court from deciding a writ petition after service of notice to respondent - There is no reason to withhold decision of the writ petition merely on the ground that some other petitions have been admitted - Jag/it Khanna v. State of Haryana, 1997 H.R.R. 395 D.B. **** '[9. Forfeiture for breach of conditions of transfer - Omitted by the Capital of Punjab (Development and Regulation) (Amendment) Act, 1973, Central Act No. 17 of 1973 (Section 4).] COMMENTARY Resumption order - Striking down of Sec. 9 - Sec. 9 as stood before the amending Act 17 of 1973 was struck down by Supreme Court after about four years of resumption order - Striking down of Sec. 9 cannot invalidate the pro- ceedings taken under Sec. 9 relating to the persons who were not parties before the Apex Court nor the orders having attained finality can be effected thereby - Order of resumption cannot be treated as a nullity by the order passed by the Supreme Court in another case - Sat Pal Bhatia v. Estate Officer, Chandigarh, 1998 H.R.R. 209 D.B. 30 Capital of Punjab (Development and Regulation) Act, 1952