PARDEEP KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order shall dispose of CWP No.12215 of 2015 titled as Pardeep Kumar @ Bunty Vs. State of Haryana & others, CWP No.12231 of 2015 titled as Yogesh Garg Vs. State of Haryana & others, CWP No.12273 of 2015 titled as Ram Ditta & others Vs. State of Haryana & others, CWP No.12297 of 2015 titled as Nitin Kumar & others Vs. State of Haryana & others, CWP No.12505 of 2015 titled as Sunil Kumar & others Vs. State of Haryana & others, CWP No.12506 of 2015 titled as Khem Chand & others Vs. State of Haryana & others, CWP No.12560 of 2015 titled as Anil Kumar & another Vs. State of Haryana & others, CWP No.12561 of 2015 titled as Ram Shobhit Mahato & another Vs. State of Haryana & others, CWP No.15380 of 2015 titled as Jaswinder Kaur & others Vs. State of Haryana & another, CWP No.15965 of 2015 titled as Surender Kumar & others Vs. State of Haryana & others, CWP No.15993 of 2015 titled as Om Parkash & others Vs. State of Haryana & others, CWP No.17306 of 2015 titled as Jagdish & others Vs. State of Haryana & others, CWP No.17965 of 2015 titled as Palat Mahato Vs. State of Haryana & others, CWP No.17966 of 2015 titled as Varinder Kumar Vs. State of Haryana & others, CWP No.18592 of 2015 titled as Pran Nath & others Vs. State of Haryana & another, CWP No.20509 of 2015 titled as Rattan Lal Khilawan Vs. State of Haryana & another, CWP No.20515 of 2015 titled as Joginder Singh Vs. State of Haryana & another and CWP No.20595 of 2015 titled as Rajesh Vs. State of Haryana & another as the issue involved is identical.

(2.) The petitioners in these connected petitions are aggrieved of the action of the Karnal Improvement Trust, Karnal (hereinafter to be referred to as 'the trust') in not allotting to them the phari booth sites.

(3.) The case set up in a nutshell is that the petitioners/their predecessors were engaged in the business of selling vegetables in the old Sabzi Mandi, Karnal as road side vendors. The trust framed a Street Development Scheme No.37 as a result of which the petitioners were ousted from the area and thus became displaced persons under the provisions of the Karnal Improvement Trust Land Disposal Rules, 1976. The scheme came to be challenged by the land owners by filing CWP No.5829 of 1989 in this Court but the same was rendered infructous on the basis of a statement made by the counsel representing the trust that alternative sites would be offered to the owners. Scheme No.37 (since renumbered as Scheme No.67) was approved by the Senior Town Planner, Haryana on 29.01.1999 but no provision was made for accommodating the phari walas (road side vendors). It has been contended on behalf of the petitioners that the trust has held out assurances from time to time to accommodate and rehabilitate the road side vendors who had been displaced from the old sabzi mandi. Reliance has also been placed upon the proceedings of a meeting of the trust held on 29.12.1989 and in which Resolution No.172 was passed and which is in the following terms: