IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 167 of 2009 (O&M) Date of Decision: April 30, 2009 Tarlochan Singh ...Appellant Versus Union Territory, Chandigarh and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE H.S. BHALLA Present: Mr. S.D. Sharma, Senior Avocate, with Mr. A.K. Jain, Advocate, for the appellant. Mr. K.K. Gupta, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal has been filed against interlocutory order dated 6.3.2009 passed by the learned Single Judge granting a conditional stay order. Learned Single Judge has directed that the petitioner-appellant is to deposit 1/3rd of the amount demanded and the premises were to be un-sealed subject to the condition that the entire amount shall be deposited by the petitioner-appellant before 30.9.2009, which is without prejudice to his legal rights. 2. The primary contention raised by Mr. S.D. Sharma, L.P.A. No. 167 of 2009 learned Senior counsel for the petitioner-appellant is that instructions/notification dated 3/14.5.2002 (P-1) postulate conversion of Shop-cum-Office from ‘General Trade’ to ‘New General Trade’. Clause 11(b) of the said notification further postulate that upper floor of a New General SCO meant for offices may be used for equivalent intensity activities such as bank, clinic, restaurant, lodging house or entertainment center. The petitioner-appellant has already been permitted to convert the first and second floors of SCO No. 98-99- 100, Sector 17-C, Chandigarh from General Trade to Guest House/Lodging, vide order dated 5.9.2005 (P-7). However, the conversion has been permitted on deposit of Rs. 10,00,000/- being 10% of the total conversion charges and the remaining amount was to be paid in instalments as per the schedule given. The case of the petitioner-appellant is that according to notification dated 3/14.5.2002 (P-1), upon conversion from ‘General Trade’ to ‘New General Trade’ i.e. from ‘office’, which is a ‘General Trade’, to the Guest House/Lodging House, which falls under the ‘New General Trade’, no conversion fee is leviable. However, that has been disputed by the respondent Administration by placing reliance on order dated 31.10.2003 (R-14). It has been claimed that the notification dated 3/14.5.2002 (P-1) stand superseded by the aforesaid order. 3. Having heard learned counsel for the parties and perusing the paper book with their able assistance, we, prima faice, do not find any supersession of notification dated 3/14.5.2002 (P-1) and, therefore, it may eventually be found correct that the petitioner- 2 L.P.A. No. 167 of 2009 appellant is not under an obligation to pay any conversion fee as demanded by the respondents vide impugned order dated 5.9.2005 (P-7) and other orders impugned in the writ petition. 4. Therefore, at this stage we are inclined to modify the interlocutory order dated 6.3.2009 passed by the learned Single Judge. It has already come on record that the petitioner-appellant has deposited a sum of Rs. 10,00,000/- in May 2005. The petitioner- appellant has also given an undertaking through his counsel that during the pendency of the writ petition he would not alienate the property or create any third party right except the charge already created. The petitioner-appellant is further prepared to deposit a sum of Rs. 20,00,000/- within a period of one month from today. Accordingly, it is directed that the premises shall be unsealed within one week of deposit of Rs. 20,00,000/- by the petitioner-appellant. Keeping in view the aforesaid peculiar facts, we request the learned Single Judge to take up the writ petition and dispose of the same expeditiously preferably within a period of six months. However, we make it clear that the observations made hereinabove shall not be construed to mean an expression of opinion on the merit of the case. 5. The appeal stands disposed of in the above terms. (M.M. KUMAR) JUDGE (H.S. BHALLA) April 30, 2009 JUDGE Pkapoor 3