SHASHI BALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Shashi Bala, a social worker, applied to the Chief Minister of Punjab for allotment of a plot measuring 500 square yards out of the discretionary quota of the Government of Punjab on 28.1.1987. Petitioner is a resident of Chandigarh. However, she wanted to settle at Ropar. After due verification, respondent No. 1 approved the allotment of a plot measuring 500 square yards in the Development Scheme of Giani Zail Singh Nagar, Ropar, out of the discretionary quota. A direction was issued to respondent No. 2 (Improvement Trust, Ropar) to allot the plot as aforesaid, under Rule 4 of the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter to be referred to as the 'allotment rules') vide Memo dated 10.2.1987 (Annexure P-2). After receipt of letter, Annexure P-2, the petitioner did not hear anything from respondent No. 2 and, therefore, she submitted representation dated 21.9.1987 for expediting the allotment of the plot in her favour. Respondent No. 2 did not even acknowledge receipt of the aforesaid representation, however, allotted 3 plots to other persons vide order dated 30.11.1987, the details whereof are as under :-

(2.) VIDE Memo dated 2.1.1989 (Annexure P-11), respondent No. 1 intimated to the petitioner that no plot is clearly available for allotment in the scheme. However, the petitioner's claim could be considered only when a plot becomes available. Petitioner requested the respondents time and again for allotment of plot in her favour as all the formalities stood complied with. It was further represented that a plot allotted in favour of Shri Bhag Singh, Ex. M.L.A., stood annulled and the same was available for allotment, therefore, it could be allotted to the petitioner. During various visits to the offices of both the respondents, petitioner was repeatedly assured by them that matter was being processed at the appropriate level and needful would be done very soon. It is pleaded that action of the respondents in not allotting plot to the petitioner, despite specific orders of allotment issued by respondent No. 1, and making allotments in favour of many other persons under the scheme, is discriminatory and arbitrary and, therefore, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondents to allot a plot measuring 500 square yards in Giani Zail Singh Nagar Development Scheme, Ropar.

(3.) RESPONDENT No. 2-Improvement Trust, Rup Nagar, in its reply submitted that petitioner did not submit the affidavit as required under the rules to show that she did not own any residential plot/house anywhere in the Union Territory of Chandigarh or in any Urban Estate or in any scheme of the Improvement Trust in Punjab or Panchkula in the State of Haryana. It is admitted that respondent No. 2 had received order-Annexure P-2 to allot a plot measuring 500 square yards out of the Government discretionary quota to the petitioner in the Development Scheme of Giani Zail Singh Nagar under Rule 4 of the allotment rules subject to furnishing of affidavit as provided under the rules. Petitioner did not submit the Social Worker Certificate as required by letter, Annexure P-2. Respondent No. 2, however, admitted that one plot measuring 500 square yards was allotted to Shri Ram Chander Ahuja, who had duly complied with the conditions and formalities relating to allotment of plot. Paramjit Kaur and Gian Singh were also allotted plots measuring 150 square yards and 300 square yards, respectively, in the Development Scheme of Giani Zail Singh Nagar, Ropar. Respondent No. 2 conveyed vide letter dated 29.3.1988 (Annexure R-1), to the petitioner that she should produce a Social Worker Certificate so that further action could be taken with regard to allotment of plot to her, but she did not furnish the necessary documents including the affidavit to the effect that she did not own any residential plot/house anywhere in the Union Territory of Chandigarh or in any Urban Estate or in any scheme of the Improvement Trust in Punjab or Panchkula in the State of Haryana.