LAWS(P&H)-2020-2-318

RAJENDER PRASAD AGGARWAL Vs. UNION OF INDIA

Decided On February 10, 2020
Rajender Prasad Aggarwal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioners praying for quashing the notification dated 17.01.2018 (Annexure P-3) issued by respondent No.l providing 100% reservation to ex-servicemen and other categories of defense personnel(s) in relation to allotment of regimental shops on the ground that providing of 100% reservation has obliterated the right of the petitioners to seek allotment of those shops and is therefore violative of the petitioners' fundamental rights under Articles 14 & 19 of the Constitution of India.

(2.) All these petitions involve similar and identical issues and are, therefore, heard and decided concomitantly.

(3.) The undisputed facts are that the petitioners were allotted shops in Chakra Suvidha Complex, Chandimandir military station, Panchkula. Though initially the petitioners had been granted lease for occupying those shops for a period of one year, however, subsequently from 2015 onwards, the said shops were given on licence pursuant to a licence agreement entered into between the parties for 11 months. Concededly, the licence period and even the extensions have since expired on 30.11.2018. Significantly, vide notification/order dated 17.01.2018 (Annexure P-3) issued by the respondents, a policy decision was taken to allot all the shops in the regimental centres/stations to the war widows/widows of defence personnel killed while on duty/disabled soldier/Ex-servicemen and spouses/widows of Ex-Servicemen etc. Accordingly, the respondents have issued notices to the petitioners to vacate the shops occupied by them vide impugned notices dated 30.04.2019 annexed as Annexure P-10 (colly) along with Civil Writ Petitions No. 18833 of 2019 and 19996 of 2019.