RAM SAMUJ Vs. CHIEF ADMINISTRATOR

JUDGEMENT

(1.) This order shall dispose of two writ petitions bearing No. CWP No. 8075 of 2011 titled as Ram Samuj v. Chief Administrator, Housing Board, Chandigarh and others and CWP No. 7492 of 2011 titled as Sonu v. Chief Administrator, Housing Board, Chandigarh and others as common questions of law and facts are involved therein. The facts are being taken from CWP No. 8075 of 2011 for dictating the order. The petitioner is a poor jhuggi dweller. He has filed this writ petition with a prayer to quash order dated 29.11.2010 (P-9) vide which his application for allotment of a dwelling unit was rejected.

(2.) It is case of the petitioner that he along with his family was residing in House No. 4343, Palsora Colony, UT, Chandigarh. To say so, reference has been made to a document Annexure P-1 i.e. a ration card. The Voter I-card number of the petitioner is CH/01/000/020/0057474 and it was issued on 22.10.1994. It is case of the petitioner that the said Colony was demolished with a promise to the residents that they will be granted alternative place for residence. It is further stated that the petitioner moved an application for getting a residential accommodation. Name of the petitioner and others, who were provisionally found eligible, was published in a news paper Dainik Bhaskar on 4.7.2003 (P-3) and the petitioner's name was shown therein against application No. 3744, resident of Jhuggi No. 4343 and his vote number was also mentioned in the said publication.

(3.) In response to the above advertisement, the petitioner submitted an application in Form-A along with an affidavit dated 9.7.2003 duly attested by an Executive Magistrate. Copies of above documents have been placed on record as Annexure P-2. Complete details of family members of the petitioner, number of the ration card and voter card were mentioned in the said application and the affidavit. When nothing was done, the petitioner made a request to the respondents for giving him the requisite relief. Thereafter, he sent a legal notice and then came to this Court by filing Civil Writ Petition No. 7684 of 2010, which was disposed of by this Court vide order dated 30.4.2010. Relevant portion of the order reads thus:-