Relief for hundreds of Chandigarh shopkeepers as apex court upholds HC order

There was cheer among shopkeepers aft the determination of the apex court.

“Many shopkeepers person been served misuse notices by the administration. With the determination passed by the Supreme Court, we are expecting it shall bring alleviation to respective shopkeepers and hundreds of traders who person been suffering astatine this count,” said Vishnu Duggal, the president of Sector 22 Market Association.

He added, “Now this bid is simply a triumph for each 1 of us. It shall beryllium adjuvant for those hundreds of shopkeepers suffering connected relationship of misuse notices.”

An bid was passed by the property serviceman wherein the resumption of a shop-cum-flat (SCF) 13 successful Sector 22, Chandigarh, was ordered and the forfeiture of 10% of the terms paid was directed connected May 7, 1990.

Following the order, tenants of the SCF filed a petition successful the High Court.

What petitioners said

As per the petitioners, if was stated that they carried connected concern of grocery/food-grain from the said premises.

And that they clasp a licence arsenic a just terms store nether the Civil Supplies Department of the Union Territory.

It was besides said that “there were disputes betwixt the petitioners and landlords regarding the tenancy”.

The petitioners alleged that the “proceedings for resumption were initiated astatine the lawsuit of the landlords with a presumption to evict them connected the crushed that the petitioners were utilizing the courtyard by carrying connected commercialized activities therein, though it was to beryllium utilized lone arsenic a courtyard”.

Other than the words “shop-cum-flat”, determination is not a susurration of an denotation of the premises being for residential purposes. The full LOA repeatedly refers to the premises having been allotted for commercialized and commercialized purposes. The presumption and conditions mandate its usage lone for carrying connected commercialized oregon commerce, the petition had mentioned.

What UT said citing architectural power order

In its plea, it was said that the property serviceman went up connected this ground erstwhile it was reported to him that the establishments were moving a karyana store successful the backmost courtyard.

As per the Chandigarh architectural controls, the archetypal and 2nd floors successful these premises are to beryllium utilized for residential purposes. There is besides a backmost courtyard which, unless different specified oregon permitted, was to beryllium utilized arsenic a courtyard, arsenic per orders.

What HC bid says

While quashing the impugned bid passed by the property officer, the High Court had successful the bid passed successful 2017 said, “The question of resumption, therefore, does not arise. The lone question is whether the petitioners should beryllium compelled to discontinue their business. For the reasons already stated, we are of the sentiment that determination is nary misuse.”