JAI PARKASH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) This petition has been filed for directing the respondents to allot to the petitioner built up booth in Sector 19 Market, Chandigarh.

(2.) The averments made in the writ petition and the written statement show that one Niranjan Singh was granted hand-cart licence No. HCL-342. He was also allotted rehri parking site No. 121 in Rehri Market, Sector 19-C. By an order dated 23.4.1982, the Licensing Officer cancelled the licence granted to Niranjan Singh on the ground that he had violated Clause 21(1) of the Hand Cart Bye Laws. In the years 1982 and 1993, devastating fire broke out in the Rehri market of Sector 19-C resulting in huge loss of property to the persons who were running their business in the said market. With a view to rehabilitate such persons, a policy decision was taken by the administration to allot booth sites to them in Rehri Market. For this purpose, a survey was conducted on 11.4.1994. During the course of survey, the petitioner made claim by stating that he was doing business in the Rehri Market. The Screening Committee rejected his claim by making the following observations :

(3.) Against the decision of the Screening Committee, the petitioner made representation. The same was rejected by the Estate Officer on 26.4.1993. This fact is borne out from the extract of the order passed by the Estate Officer, which is reproduced below :