Chandigarh, October 29
The Director Heath Services (DHS), UT Administration, has filed an application before a local court for vacating the stay granted on September 23, 2022 on the operation of the show-cause notice issued to a chemist shop situated at the GMSH, Sector 16, Chandigarh, for termination of the lease deed.
The court has directed the chemist to file reply on the application on October 31, 2022.
Meanwhile, Gagandeep Singh Wasu, counsel appearing for the Director Heath Services, also told the court that defendants will not dispossess the plaintiff till the decision of the application filed under Order 39, Rule 4 of the CPC.
In the application, Gagandeep Singh Wasu said a fact-finding enquiry had been conducted by the expert committee and it had been found that besides causing a financial loss to the government exchequer, the plaintiff had also encroached upon the adjacent passage and merged it into his shop making the shop almost more than double the size which was actually leased out to him as per the original drawing dated May 6, 1978 issued by the Architecture Department, Chandigarh.
The DHS said it had been established that by illegally removing the load-bearing walls, the plaintiff had not only caused loss to the structural stability of the building, thereby endangered the life of the public at large, but also avoided paying requisite rental for misuse of the illegal passage incorporated and merged within the leased out premises.
The DHS has also filed a reply on the application of the chemist filed under Order 39, Rule 1 and 2 of the CPC, accompanied with the amended suit.
Munish Dewan appearing for the chemist has challenged the fresh notice issued by the Health Department on September 30, 2022 for the termination of the lease deed.
Meanwhile, the court has allowed two applications filed by the chemist for amended suit and impleading finance secretary as defendant numbers 3. The court has concluded the final arguments on the chemist’s application filed under Order 39, Rule 1 and 2, for consideration of stay of the operation of the fresh notice issued by the Health Department.
