UNION TERRITORY ADMINISTRATION Vs. SH JOGINDER PAUL

JUDGEMENT

(1.) THE writ petitioners who are respondents in this appeal, impugn the action of the Union Territory Administration, in not allotting them 10 marlas industrial plus. They had applied for the allotment of the plots in response to an advertisement issued by the respondents on 16th October, 1977. According to the respondent-authorities, since the applicants were more than the plots available for allotment, draw of lots was drawn on 9th October, 1979 However the petitioners were unsuccessful, but were kept on the waiting list. The parties before the learned Single Judge were at variance with regard to the number and size of the plots available for allotment as well as about the mode and manner of allotment. The learned Single Judge got an affidavit filed on behalf of the Administration to ascertain the facts. Mr. Y. P. Chadha, H. C. S. filed affidavit on 1st June, 1982, in which it was mentioned that at that moment the respondent authorities, had 4 plots of 10 marlas each and 9 plots of 5 marias each with them for allotment As against this. 26 persons, including the petitioners, had been found eligible to the allotment of 10 marla plots and they were on the waiting list. Some other persons than the petitioners in the writ petition before the learned Single Judge had also filed separate writ petitions. It was also mentioned in the affidavit that in addition to the plots noted above, some more plots (nine of 10 marlas each and 31 of 5 rnarlas each in Phase I) were likely to become available for allotment but were subject matter of legation, which was pending in the Supreme Court and the allotment had been stayed by their Lordships of the Supreme Court vide order dated 12th January 1981.

(2.) ON the basis of the affidavit, the learned counsel appearing for the writ petitioners before the learned Single Judge, made an offer that if the respondent-authorities did not have 10 marla plots available with them for allotment to each one of the persons on the waiting list then the petitioners who were on the waiting list, would be willing to accept even five marla plots. It was stated before the learned Single Judge on behalf the Administration that there was no waiting list of five marla plots. On the basis of this, the learned Judge disposed of the writ petition by observing as under :

(3.) THE learned counsel for the appellants has submitted that the whole idea of keeping some persons on the waiting list was that if any of the successful person in the draw of lots surrender the plots or his found that person is not eligible to have the allotment of the plot becomes available, then it could be offered to one of the Person the waiting list at the same price which was charged from the allottees of that draw. According to the learned counsel, the persona on the waiting list could not have any right to the plots which may become available with the Administration later on for allotment to those plot which were available with the Administration earlier but had not been put in the draw of lots for any reason. The persons on the waiting list had only a right to ask for allotment if any of the plots became available by surrender or for other reasons out of those plots which were put in the draw of lots To ascertain this factual position, we directed the learned counsel for the appellants to get an affidavit from the Administration as to what was the position on the date the draw of lots were drawn and if any one of those plots was surrendered by the of the successful person in the draw of lots. Shr. R. K. Sao Assistant Estate Officer, Union Territory, Chandigarh, has filed an affidavit dated 18th January, 1991, in which it has been stated that in advertisement though it was given out that 5 marla, 10 merla 15 marla etc. plots were being offered for allotment, but no number was specified There were 1558 applicants for various plots measuring 5 marla to 4 Kanals The total number of plots of different sizes with the Chandigarh Administration was 464 and it had been decided to keep 170 plots of various sizes for preferential allotment to Government Semi-Government Agencies i. e. like Punjab Roadways. Haryana Roadway, pepsu Roadways and Post and Telegraph Department etc. Only 294 plots of different sizes were availabe for allotment by draw of lots of which 129 were of 5 marlas and 109 of 10 malas. It tap been further stated in the affidavit that no plots have been cancelled after the issue of letter of allotment issued to 294 successful applicants whose projects were cleared by the Screening Committee.