Chandigarh: Chief Administrator sets aside 25-yr-old order, restores resumed house

Dushyant Singh Pundir

Chandigarh, July 6

The court of Chief Administrator, UT, delivered justice to a family after nearly 25 years.

Anil Garg, a resident of house number 3227, Sector 37, filed an appeal against a letter issued by the Estate Office on February 23, 2018, whereby it was intimated that his house stood resumed and the demand draft deposited by the appellant was being returned as non-accepted.

The court of Dr Vijay Namdeorao Zade, Chief Administrator, set aside the orders of the Estate Office and restored the house to the owner. It directed the Estate Officer to fix the responsibility and act against erring officials within three months.

Vikas Jain, counsel for the appellant, submitted that the house was allotted on a leasehold basis to Rameshwar Dass Garg. It was resumed on the ground of misuse by tenant on January 11, 1982.

Garg filed an appeal before Chief Administrator and the site was restored on June 26, 1984. However, the misuse of the property by the tenant continued. The owner then filed a revision petition before the Adviser and the same was dismissed. The owner moved the High Court, which, on September 21, 1998, restored the site. The owner paid the forfeiture amount along with 12 per cent interest in 30 days. On April 8, 1999, the Estate Office even issued no dues certificate.

After the owner passed away in 2017, his son, Anil Garg, applied for the transfer of house in his favour, but was shocked to know that it was still under resumption. He then filed an appeal before the Chief Administrator.

The Chief Administrator said the counsel for the Estate Office failed to prove that the allottee had not deposited the 12 per cent interest as was being claimed.

The counsel then admitted that due to negligence on the part of the dealing hand, this controversy emerged and the appellant had to suffer. The appellant was even willing to deposit the outstanding dues with interest in spite of no fault on his part to sort out the controversy, but the Estate Office was still reluctant to accept the same. As the case dragged on for years, Anil Garg died too and the fight was carried forward by his wife Geeta Garg.