CWP No.13451 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 13451 of 2007 Date of Decision: 9 - 11 - 2009 Khargi Lal ....Petitioner v. Chandigarh Administration and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Ajay Yadav, Advocate for Mr.Aman Bahri, Advocate for the petitioner. None for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner was a slum dweller. To rehabilitate the persons living in Jhuggies built on government land, Chandigarh Administration formulated a Rehabilitation Scheme. Petitioner was allotted a tenement called Transit Site No.1495 in Rehabilitation Colony, Mauli Jagran. The license was granted to him for a period of five years. Municipal Corporation, Chandigarh to whom rehabilitation of colony was transferred, conducted a survey and noticed that in one room which was allotted for residence, petitioner was repairing Kerosene and Gas stoves. This according to the administration, amounted to breach of terms and conditions of allotment. The Building Inspector had also noticed that petitioner has constructed cantilever of the size of 10' -0” x 3' -0” & 25' -0” x 3'-0” in violation of the approved building plan. In response to show cause notice, CWP No.13451 of 2007 [2] Annexure P1 issued to the petitioner, son of the petitioner appeared and the Municipal Corporation passed impugned order Annexure P1 and cancelled the allotment and revoked the license. Aggrieved against the same, petitioner had filed an appeal. The Appellate Authority came to conclusion that violations have not been removed and the appeal was time barred. The revision petition preferred by the petitioner was also dismissed on the ground that the same was not maintainable. Counsel for the petitioner has submitted that petitioner had pleaded before the Appellate Authority that he is ready to demolish the cantilever but no opportunity to this effect was granted to him. Counsel for the petitioner has referred to photograph Annexure P4 and has submitted that he has demolished the cantilever and no violation is existing at the spot. Counsel has further stated that it is fact that the alleged violation has been cured. Therefore, in these circumstances impugned orders Annexures P1 to P3 are quashed. The Municipal Corporation, Chandigarh is directed to hold a fresh inspection and intimate the petitioner regarding any violation existing at the site. The petitioner shall remove the violations and make the premises compliant with the terms and conditions of allotment. In case petitioner fail to do so, the Municipal Corporation shall be well within its right to proceed against the petitioner in accordance with the provisions of law. With these directions, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) November 9, 2009. JUDGE RC