IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 10741 of 2007 DATE OF DECISION: 16.1.2009 Nirmal Singh ...Petitioner VERSUS The Adviser to the Administrator, U.T., Chandigarh and others ..Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.M.S.Bedi, Advocate for petitioner Mr.K.K.Gupta, Advocate for respondents Permod Kohli, J. (Oral) Learned counsel for the petitioner has placed on record copy of the receipt dated 7.1.2009 whereby an amount of Rs.77820/- stands deposited with the Estate Office, Chandigarh. The petitioner was allotted tenement No.2020/1, Sector 37-C, Chandigarh on a monthly rental of Rs.35. Subsequently, the nature of tenement was changed under the Scheme of “Chandigarh Allotment of Low Cost Tenements on Lease and Hire Purchase Basis Scheme, 1979”. The petitioner did not pay the rental regularly and on non-deposit of such rents, the allotment was cancelled vide order dated 25.1.1991 (Annexure P-1). He preferred an appeal before the Commissioner, Municipal Corporation, Chandigarh which came to be dismissed vide Order dated 6.7.2006 (Annexure P-2). Thereafter, revision was filed by the petitioner before the Advisor to Administrator, U.T., Chandigarh which also came to be dismissed vide order dated 13.9.2006 (Annexure P-3) as not maintainable. The petitioner preferred :2: review petition which also came to be dismissed on 10.1.2007 by the Advisor. The Estate Officer thereafter initiated proceedings under Section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against the petitioner. The Estate Officer also passed the Eviction Order. Thereafter, the petitioner filed the present petition. Vide interlocutory order dated 19.12.2008, the petitioner was permitted to deposit the entire outstanding amount of Rs.77,820/-. The amount has been deposited. In view of the deposit of the entire outstanding amount regarding arrears of monthly rentals, this petition is allowed, cancellation/Eviction order and all proceedings consequential thereto against the petitioner are hereby set aside. However, the petitioner shall continue to deposit the monthly rental in terms of the provisions of allotment scheme regularly. On non-deposit of the rental for three consecutive months, the respondents shall be entitled to initiate appropriate proceedings against the petitioner. However, this order shall not be construed as a precedent in other cases. (PERMOD KOHLI) JUDGE 16.1.2009 MFK