Supreme Court of India

R.C. CHAWLAversusSTATE OF HARYANA AND ORS.

Citation: 1996 INSC 61
Decided: 12 January 1996
Disposal: Disposed off
Bench: K RAMASWAMYG B PATTANAIK

Holding

The appeal is dismissed; the resumption order remains unless the respondents verify that the appellant has ceased commercial use, in which case it may be withdrawn.

Summary

The appellant, R.C. Chawla, was allotted a residential plot by the Haryana Urban Development Authority (HUDA) on the condition that it not be used for commercial purposes. He allegedly used the premises for commercial activity, prompting HUDA to issue a resumption order. The appellant submitted an affidavit claiming that, pursuant to a Supreme Court order, he had ceased all commercial use of the house effective 2 January 1996. The respondents contested the appellant’s claim and sought to maintain the resumption order. The Court directed the respondents to verify whether the appellant had indeed stopped the commercial use and, if satisfied, to withdraw the resumption order; otherwise the order would stand. The appeal was disposed of without costs.

Issues considered

Whether the appellant complied with the condition of allotment by stopping commercial use of the residential premises.
Whether the resumption order issued by HUDA should be withdrawn on the basis of the appellant’s affidavit.
Whether the respondents are entitled to verify the appellant’s compliance before withdrawing the resumption order.

Subjects

HousingAllotmentResidential premisesCommercial useCondition of allotmentResumption orderHUDACompliance

Judgment

A                                R.C. CHAWLA
                                       v.
                          STATE OF HARYANA AND ORS.

                                  JANUARY 12, 1996

B                 [K. RAMASWAMY AND G.B. PATTANAJK, JI.]


            Housing :

            Haryana Urban Developmenl Authorit)~Allotment of residential
C   pre1nises-Used .for co1nmercial purpose de.fvin!{ c:ondition~· of
    allotment-Ordered to comp(v with the cnnditiom~HUDA at liberty lo
    ver~fv--{f it is satf3:fie~l that conimercial u.\·e is stopped it shall withdraw the
    resu1nption order.

            CIVIL APPELLATE JURISDICTION                 Civil Appeal No. 2343 of
D   1996.

         From the Judgment and Order dated 25.1.90 of the Punjab & Haryana
    High Court in C.W.P.. No. 5576 of 1988.

            S.K. Bagga and Ms. S. Bagga for the Appellant.
E
            I.S. Goyal and Ms. lndu Malhotra for the Respondents.

            The following Order of the Court was delivered :

            Leave granted.
F
          As per the orders of this Court passed earlier, if the appellant wants to
    avail of the allotment, he necessarily has to comply with the conditions of
    allotment . Consequently, he cannot use allotted residential premises for
    commercial purpose. The appellant has filed an affidavit verified on January
    4, 1996 stating, among other things, thus :
G
              "Thal as per the order of Honourable Supreme Court of India, I have
              got the conunercial use of my house stopped w.e.f. 2.1.96.

                  The above statement is true to the best of my knowledge."

H           The learned counsel for the respondents states that he does not have
                                            466
                           R.C. CHAWLA v. STATE                          467
any inforn1ation as to what was the action taken by the authorities in that     A
behalf. Sri S.K. Bagga, the learned counsel has shown to the learned counsel
for the respondents that the statement also was communicated to the HUDA
and the respondents. The respondents are at liberty to verify whether the
appellant had stopp6d use of the premises for commercial use w.e.f. January
2, 1996 and on being so satisfied, they are directed to withdraw the            B
impugned resumption order.

       The appeal is accordingly disposed of. No costs.

G.N.                                                      Appeal disposed of.

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