LAL JI Vs. UT ADMINISTRATION AND OTHERS

JUDGEMENT

(1.) Through the instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 24.8.2017 (Annexure P-5) passed by respondent No.2 rejecting his appeal.

(2.) A few facts necessary for adjudication of the present petition may be noticed. The petitioner was working as labourer in Chandigarh and was residing in Jhuggi No. 596/1, Block-K, Labour Colony No.5, Chandigarh since the year 1987 as is clear from the Voter Card dated 25.9.1994 (Annexure P-1). In the year 2006, Chandigarh Housing Board (CHB) had launched a scheme, namely, 'The Chandigarh Small Flat Scheme-2006' (in short "the Scheme") to provide living space, i.e. hygienic, has basic amenities and safe for making Chandigarh jhuggi free. The respondents identified 18 unauthorized habitations for providing accommodation of residential one room flats on monthly license basis under the Scheme. In response thereto, the petitioner moved an application dated 7.10.2010 for obtaining license of a flat under the Scheme. When the petitioner was not allotted any flat, he moved an application dated 13.2014 (Annexure P-2) before the Permanent Lok Adalat (Public Utility Services), Union Territory, Chandigarh. The said application was rejected by the Permanent Lok Adalat vide order dated 23.6.2015 (Annexure P-3). Feeling aggrieved, the petitioner filed CWP-272-2016 before this Court and this Court vide order dated 26.4.2017 (Annexure P-4) directed the affected parties/applicants to file an appeal before respondent No. In pursuance thereto, the petitioner filed an appeal before respondent No. However, respondent No.2 vide order dated 24.8.2017 (Annexure P-5) dismissed the said appeal. According to the petitioner, he was resident of jhuggi No.596/1, Block-K, Labour Colony No.5, Chandigarh as is clear from the ration card, Annexure P-6. Hence, the present writ petition.

(3.) We have heard the learned counsel for the petitioner.