E-Paper
Chandigarh de-seals four eateries in Sector 10 after HC intervention
Chandigarh administration had sealed the properties claiming that they were functioning on the premises of an erstwhile coal depot without taking necessary approvals
Following the intervention of the Punjab and Haryana high court, the UT administration on Tuesday evening de-sealed four eateries in Sector 10, running from an erstwhile coal depot, that were sealed on December 27.
The eateries include Cafe JC’s, Brooklyn Central, Peggy Ice Cream and Casa Bella Vista.
UT had sealed the properties claiming that they were functioning on the premises of an erstwhile coal depot without taking necessary approvals.
In high court, the eateries, as well as the depot owner, challenged the December 22 order with which appeal against the sealing order was dismissed and sealing action was taken on December 27. UT officials said by Tuesday evening, they had de-sealed all properties.
The detailed court order is awaited. However, one of the counsels, senior advocate RS Khosla said after taking note of the pleas, the high court bench of justice Arun Palli and justice Vikram Aggawal ordered de-sealing of the eateries and further said that UT associate these eateries with the proceedings, if they are to be initiated afresh.
In the plea, it was argued that the coal depot was awarded to the landlord in 1961 and that it was a commercial site for all intent and purposes. In the allotment letter itself, there was no bar against allowing the allottee to carry out commercial activity.
It was further argued that as per Rule 10 of Chandigarh Estate Rules 2007, it was incumbent upon the Estate Officer to service a 15-day notice on not only the allottee/ lessee but also the occupiers, which was not done in the case in hand.
The plea had sought quashing of the December 22 order with which appeal of the landlord was dismissed. It was also demanded that the case be remanded back to the estate officer, who after giving the eatery owners opportunity of hearing may adjudicate the case afresh.
The plea also said in the meanwhile, eateries be allowed to continue with their businesses. Due to UT’s action, their businesses are shut and as a result, livelihood of dozens of those associated had been affected.
The landlord had got show-cause notices for building violations in the past, latest in 2018. However, a sealing order was passed on October 3, 2023. The landlord filed an appeal before the chief administrator that was dismissed on November 15, 2023. The revision plea filed on the issue was dismissed on December 22, 2023.
