RAM KHILAWAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner assails the order dated 16.12.2014 (Annexure P-10) passed by the Improvement Trust, Karnal (hereinafter to be referred to as 'the trust') whereby his claim for allotment of a phari booth site in the vegetable market area Karnal has been declined.

(2.) The petitioner claims that he was engaged in the business of selling vegetables as a road side vendor in the old sabzi mandi Karnal. The trust framed a scheme known as Street Development Scheme No.37 (since renumbered as Scheme No.67) in place of old sabzi mandi and in the process of implementation of such scheme, the petitioner along with other phari walas/vendors were ousted. In the new vegetable market developed under the development scheme, the petitioner is doing the work of a tea vendor. The petitioner claims to be a displaced person and an oustee of the old sabzi mandi. It has been contended on his behalf that he is vested with a right of preferential allotment of a phari booth site in the new vegetable market under the Development Scheme No.37.

(3.) Apparently, a survey was conducted by the trust on 27.11.2014 to assess the eligibility of the persons doing work on the spot and thereafter to make recommendations towards rehabilitation of the oustees. Perusal of the impugned order dated 16.12.2014 (Annexure P-10) would reveal that the claim of the petitioner has been declined only on the basis that he had been found working in the vegetable market as a tea vendor and not doing the work of selling vegetables.