Supreme Court Upholds Punjab and Haryana High Court Order, Relieving Shopkeepers

In a significant verdict, the Supreme Court of India has upheld the order of the Punjab and Haryana High Court, relieving shopkeepers from the threat of resumption of their properties by the UT Estate Office.

According to the court's statement, there is no reason to interfere with the impugned orders passed by the High Court of Punjab and Haryana at Chandigarh. The Special Leave Petitions filed by the UT Estate Office against the High Court order have been dismissed.

The petitioners, who are tenants on the backyard of a shop-cum-flat in Sector 22, had carried out commercial activities on the property despite the initial intention to use it only as a backyard. However, according to the UN architectural controls, the first and second floors were meant for residential purposes, and there was also a permit allowing storage purposes.

In August 2017, the Punjab and Haryana High Court had already dismissed a similar order passed by the Estate Officer in 1990, ruling that the petitioners' use of the backyard was not a misuse. This time around, the Supreme Court has backed up this order, ruling that there is no resumption, but rather only questions surrounding continuity of business operations.

Shopkeepers and tenants across Punjab have welcomed this relief, citing concerns over potential eviction due to alleged misuse of their properties. The Supreme Court's decision is seen as a significant win for transparency in the governance and administration of urban housing estates.