UNION OF INDIA Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Defendant No.1-Union of India has filed this second appeal having lost in both the Courts below.

(2.) Respondent-plaintiff Gurcharan Singh filed suit seeking allotment of a built-up booth in Sector 47C, Chandigarh by way of mandatory injunction. Order dated 28.12.1998 passed by Estate Officer, Union Territory, Chandigarh, thereby rejecting the claim of the plaintiff for the booth, has also been challenged in the suit being illegal and null and void etc. Permanent injunction restraining defendants from removing Khokha (kiosk) of the plaintiff from the site in Rehari Market in Sector 47D, Chandigarh forcibly and illegally, was also claimed.

(3.) Defendants resisted the suit and pleaded that the plaintiff was found not eligible for allotment of the booth. He was not found working at the spot at the time of survey conducted on 13.12.1995. It was pleaded that claim of the plaintiff for the booth was rejected by screening committee of the defendants after granting opportunity of hearing.