Chandigarh: GMSH-16 chemist moves court against fresh notice : The Tribune India

Chandigarh: GMSH-16 chemist moves court against fresh notice

Health Director told to file reply on October 7

Chandigarh: GMSH-16 chemist moves court against fresh notice

Photo for representational purpose only. - File photo



Tribune News Service

Chandigarh, October 4

The owner of sole chemist shop at the Government Multi-Speciality Hospital, Sector 16, has moved court against a fresh notice issued by the Health Department for termination of lease deed.

Jaspreet Singh Minhas, Civil Judge (Junior Division), has issued notices for October 7 to the Director, Health Services, and three other defendants to file a reply.

Owner Sunil Kumar, in the amended suit filed through advocate Munish Dewan, has sought permanent injunction restraining the defendants from terminating the lease deed dated October 1, 2019, executed between the plaintiff and the Chandigarh Administration.

The court had earlier stayed the operation of the first show-cause notice for termination of lease deed issued by the Health Director, Sector 16, to the shop on September 16. The first notice was issued on the ground that the chemist allegedly merged the adjacent passage illegally.

The court in the interim order stayed the operation of the notice on September 23, while observing there was no evidence on record of the department initiating a fact-finding enquiry before coming to the conclusion that the plaintiff had demolished the partition wall and encroached upon the passage.

Kumar, in the suit, contended the notice stated “the notification dated April 19, 2000, read with the amended notification dated April 16, 2002, is not applicable to the chemist shop”.

Kumar also moved a contempt petition alleging wilful and disrespectable act to frustrate the interim order of the stay of the previous notice, which was also adjourned for October 7.

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