PREM LATA Vs. FINANCE SECRETARY OF CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) IN these two petitions, the two petitioners seek a writ of mandamus to the respondent -Chandigarh Administration and Municipal Corporation, Chandigarh, directing them to deliver possession of booths (one to the petitioner in each petition) in the "Rehri Market" in Sector 18, Chandigarh.

(2.) TAKING the facts from CWP No.22368 of 2010 first, it is contended that in the year 2005, a built up booth was allotted to the petitioner in the ''Rehri Market'' (Handcarts Market), after which she was dispossessed from her previously allotted site of work, in December 2008, on the ground that a booth had been allotted to her. The dispossession is alleged to have been made without giving any opportunity of hearing and, further, without handing over possession of the said booth. It has further been alleged in the petition that even 2 years after the dispossession, till the filing of the petition, the possession of the booth had not been been handed over to her.

(3.) THE background leading up to the above position is that the petitioners' husband, Sh. Ram Manohar, held Handcart Licence No.1223, Registration No.933 and was in the business of confectionery, running it from his handcart, at an allotted site in the "Rehri / Phari" Market of Sector 18, Chandigarh, since 1979 -80. In the year 1991, the respondent -Administration introduced a scheme for allotment of built up booths, to registered hawkers/holders of handcart licences, in various "Rehri" markets of Chandigarh. Rules for the purpose were also framed by the Administrator, known as the "Allotment / Transfer of Built Up Booths in Any Sector on Lease / Hire Purchase Basis in Chandigarh, Rules, 1991".