BAL SINGH Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) The short question in this petition under Articles 226 and 227 of the Constitution of India is whether the petitioner can insist that he must be given suburban land at particular place and of a particular type. The department is willing to give him suburban land in lien of the suburban land left by him in West Punjab. The petitioner invokes the aid of a scheme made by the department with regard to the suburban land of Basti Pir Dad in Jullundur. The department divided the suburban land of this Basti into three categories and those categories were denoted by three blocks, namely, (1) special block, (2) Chai Block, and (3) Barani Block. The special block land consisted of Banjar Barani and Ghair Mumkin was evaluated as Chai and was meant for construction of houses. At the time when the petitioner was being allotted suburban land, he was allotted suburban land out of the second and third blocks but not out of the first block. He claims that he was entitled to proportionate allotment out of the first block. This plea was negatived on the short ground that the petitioner was allotted a suburban house in this Basti and, therefore, he could not be granted a building site in addition thereto. Against this decision. the petitioner went up in appeal and in revision to the Settlement Commissioner and the Chief Settlement Commissioner respectively, but without success. The petitioner's further representation under Section 33 of the Act also failed. Hence, the present petition under Articles 226 and 227 of the Constitution.