JAGGI LAL Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The seven petitioners have approached this Court with the prayer that a writ in the nature of Mandamus be issued directing the Chandigarh Administration to allocate alternative sites so as to enable them to do their business as "hawkers/rehri/farhi vendors, if they cannot be settled in Sector 26, Mandi".

(2.) Mr. Ajay Mahajan, learned counsel for the petitioners, contends that the respondent are not permitting the petitioners to continue their business in Sector 26 market. In this situation, the counsel prays that the Administration should provide alternative sites. Reliance has been placed on the decision of a Bench of this Court in CWP No. 17105 of 1996.

(3.) Admittedly, the Administration has framed the Bye-laws called-Chandigarh Hand Cart (Control and Regulation) Bye-laws, 1975. These Bye-laws have been framed under Sections 188 to 199 of the Punjab Municipal Act, 1911 and the other provisions of law. Bye-law 3 interalia provides that "no person shall use a hand cart unless he has obtained under these Bye-laws a licence in Form 'A"..." Admittedly, the petitioners do not have any licences. Their activities are, thus, wholly contrary to the Bye-laws. Mr. Mahajan submits that the petitioners have applied for licences. Assuming it to be so, it is the admitted position that no licence has been issued to any of the petitioners so far. In this situation, it is clear that the petitioners are keeping their hand-carts in Sector 26 market in violation of the Bye-laws.