A. Capital of Punjab (Development and Regulation) Act, 1952 (27 of 1952), Section 8-A -- Chandigarh Leasehold of Sites and Building Rules, 1973, Rule 20 -- Cancellation of allotment of plot -- Affidavit of not owning of any other plot or dwelling unit -- Petitioner allotted a dwelling unit after her declaration to the Society -- No valid ground to cancel her allotment.
(Para 12)
B. Capital of Punjab (Development and Regulation) Act, 1952 (27 of 1952), Section 8-A -- Chandigarh Leasehold of Sites and Building Rules, 1973, Rule 20 -- Power of attorney – Cancellation of allotment of plot – Transferring the lease hold rights in the property to attorney before the expiry of 15 years in violation of the condition no. 15 of the allotment letter -- Petitioner denied such transfer to her attorney -- She asserted that she was settled in USA and therefore, she had executed a power of attorney in favour of her friend for the proper management of the site/unit – No registered assignment of lease hold rights in favour of her attorney on record -- In the absence thereof it is difficult to come to a conclusion about the factum of transfer -- Cancellation order was passed more than twenty eight years after the allotment -- Cancellation on this ground would not be justified -- Petition allowed, impugned orders quashed.
