BRIG MANMOHAN SINGH Vs. GMADA AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 26.5.2011 passed by learned Single Judge, whereby writ petition bearing No. 20185 of 2010 (Brig. Manmohan Singh Vs. GMADA and others) filed by the appellant has been disposed of as having been rendered infructuous, in view of the draw of lots held on 14.12.2010.

(2.) The appellant is a qualified doctor who retired as Brigadier from the Indian Army on 31.5.1995. The appellant is a differently abled person with 60% disability as certified by the Army Medical Board (Annexure P-2). The disability of the appellant is now said to have increased to 100%.

(3.) The respondent Authority-GMADA invited applications for allotment of residential plots in Aerocity, SAS Nagar, Mohali of different sizes vide information Brochure (Annexure P-3) where 1% plots were reserved for "100% disabled Soldiers of Punjab Domicile". It is not in dispute that there were 5 plots of 250 Sq. Yards reserved for the aforestated category. Since the appellant's medical certificate did not specify that he was 100% disable, he could not apply in the said category though he applied for 500 Sq. Yards plot in the category of physically handicapped/blind persons for which 3% plots were reserved. Since he was not successful in the draw of lots in the said category that the learned Single Judge, disposed of his writ petition as infructuous.