SANTOSH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) CM No. 2191.C of 2011.

(2.) THE application is allowed and certified copy of judgment of the lower appellate court is taken on record subject to all just exceptions.

(3.) APPELLANT -Plaintiff filed suit against Defendant -Respondent Union of India alleging that she is carrying on business of selling readymade garments since long at Rehri Market near Booth No. 24, Sector 19, Sadar Bazar, Chandigarh. Defendant issued hand -cart licence No. 810 registration No. 1066 and allowed the Plaintiff to carry on her business. However, there was a fire in the Rehri Market in April, 1993. All goods of the Plaintiff were burnt in the said fire. Defendant's officials surveyed the area on 11.4.1993. Plaintiff's name was mentioned in the survey report. The Defendant assured the Plaintiff and other occupants of the Rehri Market that they would be suitably rehabilitated by allotment of pucca booths. The Defendant allotted pucca booths in Sectors 19 and 27 to other persons of the Rehri Market but the Plaintiff has not been allotted any such pucca booth. The Plaintiff also deposited Rs.3000/ -with the Defendant for allotment of pucca booth. However, the booth has not yet been allotted to the Plaintiff. Accordingly, the Plaintiff sought permanent injunction restraining the Defendant from illegally and forcibly removing and dispossessing the Plaintiff from the disputed site in Rehri market near Booth No. 24 Sector 19, Sadar Bazar, Chandigarh, except in due course of law.