Baljinder Singh And Another vs State Of Punjab And Others on 21 August, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH


                                     Civil Writ Petition No.12726 of 2009
                                            Date of Decision: 21.08.2009



Baljinder Singh and another
                                                                  Petitioners
                                   Versus

State of Punjab and others

                                                                Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:    Mr.Kailash Chander Advocate for the petitioners

                         .....

Jasbir Singh, J.(Oral)

It is case of the petitioners that they were sitting as tenants in

the Janta Rehri Market, Phase 3-B-I, Mohali. Their shops were burnt, for

which they were paid the compensation. Thereafter, under rehabilitation

Policy, it was decided to allot booths to the owners, however, tenants have

been excluded.

Counsel for the petitioners states that similarly situated tenants

filed CWP No.15691 of 2008, which was disposed of on 8.5.2009, by

passing the following order:-

“Having heard Ld. Counsel for the parties at some

length and considering the fact that more than one seriously

disputed questions of fact are involved but keeping in view the

fact that petitioners belongs to a poor strata of the Society and

if found eligible, would be entitle to some benefit under a
Civil Writ Petition No.12726 of 2009 2

welfare policy framed by the respondents, I deem if

appropriate to dispose off this writ petition with a direction to

GMADA to constitute an officer committee to be headed by its

Estate Officer to reexamine the petitioner’s claim strictly in

terms of the policy decision and if it is found that they are also

entitled for allotment of some sites/ necessary orders shall be

passed to that effect. The entire exercise shall be undertaken

within a period of four months from the date of receipt of

certified copy of this order.”

After hearing counsel for the petitioners, this writ petition is

also disposed of in the same terms as in CWP No.15691 of 2008. If the

petitioners are found eligible as per the Policy, their claim be also

considered.

21.08.2009                                     (Jasbir Singh)
gk                                                 Judge