CHANDIGARH ADMINISTRATION AND ANOTHER Vs. AJAY KUMAR

JUDGEMENT

(1.) Defendants are in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for declaration with alternate plea of recovery of Rs. 1,26,666/- filed by the plaintiff-respondent.

(2.) Brief facts are that a suit was filed by the plaintiff with the plea that previously a suit was filed by him against the same defendants in which the Civil Judge (Jr. Divn.) Chandigarh was pleased to direct the defendants to reconsider the case of the plaintiff by giving him personal hearing and then decide the same within a period of three months from 05.03.2011 and also to consider the entitlement of the plaintiff for allotment of booth/shop in accordance with law. Pursuant to the said order, defendant No. 2 passed the order dated 23.05.2011, rejecting the claim of the plaintiff on the ground that the plaintiff did not fulfil the basic criteria for the Scheme of allotment of site. The main ground on which the claim of the plaintiff was rejected was that as per survey of the year 1997, name of the plaintiff was not included in the survey list as he was not found working at the backside of SCO No. 2415-16, Sector 22-C, Chandigarh.

(3.) The Scheme of 1996 was framed and the same was quashed on 10.12.1996 and thereafter new Scheme dated 17.02.1999 was published after survey of the year 1997. The survey was meant for clearing the encroachment of government land in Sector 21, 27 and 28, Chandigarh. The survey was conducted from 23.06.1997 to 30.06.1997. During survey conducted by the defendants, grandfather of the plaintiff namely Ram Kumar was found running a shop of tyres, auto-spare parts and repairs at the backside of SCO No. 2415-16, Sector 22-C Chandigarh. Plaintiff was also working with his grandfather. Grandfather of the plaintiff died on 08.12.1997. He executed a Will in favour of the plaintiff on 24.07.1997. There was specific recital in respect of contingent rights in terms of allotment of booth/shop in favour of the testator. The aforesaid Scheme was floated on 17.02.1999. The Will dated 24.07.1997 was got registered on 30.03.2001.