LAWS(DLH)-2010-3-62

ASHWINI KUMAR CHOPRA Vs. U O I

Decided On March 09, 2010
SH. ASHWINI KUMAR CHOPRA Appellant
V/S
U.O.I. Respondents

JUDGEMENT

(1.) Petitioner-Mr. Ashwini Kumar Chopra has filed the present Writ Petition for issue of Writ of Mandamus to the respondents to withdraw the notices/orders passed by them downgrading his security cover from Z+ to Z and cancellation of allotment of government accommodation at 34, Lodhi Estate, New Delhi.

(2.) Learned counsel for the petitioner has submitted that downgrading of security cover ignores real and apparent threats to the life of the petitioner and attempts made to revive terrorism in Punjab. Letter dated 20 th May, 2009 has been written by Additional Director General of Police (Intelligence), Punjab, Chandigarh. It is further submitted that acts of the respondents violate Article 21 of the Constitution of India and in this regard, learned counsel for the petitioner has made reference to Maneka Gandhi versus Union of India AIR 1978 SC 597. It is also submitted that the respondents are discriminating as Z+ security cover has not been withdrawn from others.

(3.) The petitioner was earlier allotted 9, Mahadev Road, Type VI General Pool accommodation on 28th March, 1998 on security ground after approval of the then Minister for Estate and Urban Development on payment of market rent on leave and licence basis. Subsequently, on 23rd June, 1998, bungalow no. 34, Lodhi Estate, New Delhi was allotted to him on changed basis.