CWP No.16738 of 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16738 of 1989 Date of Decision: 16.03.2011 Joginder Mohan Manik ...Petitioner Vs. Union Territory of Chandigarh & Ors. ...Respondents CORAM Hon'ble Mr. Justice K.Kannan, Present: Mr.Sat Pal Jain, Senior Advocate, with Mr.Dheeraj Jain, Advocate. Mr.Sanjay Kaushal, Senior Standing Counsel, for respondents No.1 and 2. None for respondent No.3. K.Kannan, J . (Oral) 1. The writ petition is at the instance of a tenant of the premises where an order of resumption has been issued by the Chandigarh Administration through its Estate Officer for alleged building violation that gave rise to a justification for eviction under Section 8-A of the Capital of Punjab (Dev. & Reg.) Act, 1952, Chandigarh Amendment Act, 1973. 2. The contention of the petitioner was that the landlord had connived with the Administration to secure eviction of the tenant by deliberately causing some alteration and allowing them to continue. It is contended by the tenant that violations shown in the notice were in several buildings of the landlord and they did not particularly refer to the property in occupancy of the tenant only. It is also contended that there have been some changes in the Act and some modification providing for certain classes some deviation to be compoundable. Learned senior counsel states that if violation is noticed by the Administration and if they CWP No.16738 of 1989 2 are actionable, the Administration may issue notice regarding the same before taking any appropriate action. 3. Having regard to the changed circumstances, I set aside the order of resumption and grant liberty to the Administration to carry out fresh inspections and take appropriate action in accordance with law after serving notice to the petitioner for showing cause against any action proposed to be taken under the Act. 4. The impugned order is set aside and the writ petition is allowed but reserving to the administration the liberty as aforesaid. (K.Kannan) 16.03.2011 Judge rp