JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment of ours will dispose of three L.P.As. Nos. 1170, 1171 and 1172 of 1984 as they all arise out of a common judgment.

(2.) A writ of mandamus was sought by the appellants to the effect that reservation should be made for members of the Scheduled Castes and backward classes is the matter of disposal of booths and other commercial plots sought to be transferred by the Improvement Trusts. Reliance was placed on the rules framed by the State Government in the year 1975. Reliance was also placed on Government instructions issued in this behalf which provided that 25% of the stalls and shops constructed by the Improvement Trust be reserved for the weaker sections of the society. The prayer of the appellants was negatived by a learned Single Judge of this Court. The appellants have come up in Letters Patent Appeal.

(3.) The contention of the appellants is that it was mandatory for the Improvement Trust to provide for reservation is term of the Improvement Trust Rules, 1975, and also in view of the Government instructions issued from time to time, A perusal of the Improvement Trust Rules, 1975, makes it apparent that reservation has been provided for residential accommodation only and not with regard to commercial properties. In this view of the matter no exception can be taken to the view expressed by the learned Single Judge while negativing the claim of the appellants.