Punjab-Haryana High Court
Smt. Swaran Lata Malik vs Chandigarh Administration And Others on 19 July, 2013
C.W.P. No.15378 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.W.P. No.15378 of 2013
Date of decision : 19.07.2013
Smt. Swaran Lata Malik
...... Petitioner
versus
Chandigarh Administration and others
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
***
Present : Mr. Dinesh Sharma, Advocate
for the petitioner.
***
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?
AJAY TEWARI, J. (Oral)
This petition has been filed against the order of the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 evicting the petitioner as well as that of the appellate authority dismissing her appeal.
The husband of the petitioner died on 16.11.2011. She has continued in possession of the Government house allotted to him.
Learned counsel for the petitioner has argued that notice dated 24.05.2013 is flawed for two reasons. Firstly, it gave the petitioner three days time to appear and secondly the allotment is stated to have been Sharma Ashish 2013.07.23 10:59 I attest to the accuracy and integrity of this document Chandigarh C.W.P. No.15378 of 2013 -2- cancelled w.e.f. 01.10.2011 i.e. even before the death of the husband of the petitioner whereas as per the rules the family of the deceased employee can retain Government house for a period of 4 months following the death.
Even if these facts are accepted yet it would not justify the retention of the house by the petitioner for a period of more than 1 year and 8 months after the death of her husband.
Resultantly, the petition is dismissed. However, the respondents are directed to consider the above mentioned plea regarding cancellation of the house w.e.f. the date as envisaged by the rules.
Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.
( AJAY TEWARI )
July 19, 2013 JUDGE
ashish
Sharma Ashish
2013.07.23 10:59
I attest to the accuracy and
integrity of this document
Chandigarh