Bajinder And Others vs U.T. on 2 February, 2009

    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH

                                 C.W.P No. 7566 of 2007
                                 DECIDED ON : 02.02.2009

Bajinder and others
                                            ...Petitioners
           versus

U.T., Chandigarh and another
                                            ...Respondents

CORAM : HON'BLE MR. JUSTICE SURYA KANT


Present : Mr. S. N. Saini, Advocate,
          for the petitioners.

           Mr. Anupam Gupta, Senior Standing Counsel with
           Mr. Vishal Sodhi, Advocate,
           for U.T. Chandigarh.


SURYA KANT, J. (ORAL)

The petitioners seek a direction against the

respondents to allot alternative sites/residential accommodation

in lieu of their dislodgment from the Jhuggies in Palsora Colony,

U.T., Chandigarh.

The petitioners’ case is that they have been residing in

various Jhuggies located in Palsora Colony, U.T. Chandigarh.

Those Jhuggies were demolished by the U.T., Administration and

in lieu thereof, as per the policy decision taken by the

respondents, some alternative sites were to be allotted to the

uprooted dwellers. The petitioners’ further claim is that even

though they were fully eligible for allotment of the alternative

sites, their claim has not been considered by the administration.

Notice of motion was issued and in response thereto,

the respondents have filed their counter affidavit.
C.W.P No. 7566 of 2007 -2-

A plea has been taken that an advertisement/public

notice was issued and in response thereto, all the Jhuggi dwellers

were required to apply. The petitioners, however, did not apply in

response to the said public notice, copies of which have been

appended with the counter affidavit. According to the

respondents, all those persons who applied and were found

eligible, were put to a draw of lots and the site was allotted.

Learned counsel for the petitioners submit that the

petitioners have applied in response to the public notice and were

fully eligible for inclusion of their names in the draw of lots.

Having heard learned counsel for the parties and taking into

consideration the nature of the controversy, I deem it appropriate

to dispose of the writ petition with liberty to the petitioners to

approach the Estate Officer, U.T, Chandigarh within a period of

two weeks from today along with the documents/proof to show

that they had applied in response to the public notice. The Estate

Officer shall consider their claim and in case it is found that the

petitioners had applied within time and were eligible for inclusion

of their names in the draw of lots, in that event, the petitioners’

claim shall also be considered in accordance with policy.

The entire exercise shall be completed within three

months from the date of receipt of certified copy of this order.

FEBRUARY 02, 2009                             (SURYA KANT)
shalini                                           JUDGE