MANGAL SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2012-8-164
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 03,2012

Mangal Singh and Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioners have sought multiple reliefs, including allotment of two complete booth sites, lost in a devastating fire on 01.06.2007 which consumed the entire Janta Market, Phase 3BI, SAS Nagar, Mohali. In brief, petitioner Nos. 1 and 2 are husband and wife, whereas petitioner Nos. 3 and 4 are their sons. It is alleged that petitioner No. 1 was having separate Kiosk No. 173 in Janta Market, Phase-3BI, SAS Nagar, Mohali, in which he was doing the business of electrical items, whereas petitioner No. 2 was in possession of kiosk No. 153 in the same market, in which she was doing the business of ready made garments. Petitioner Nos. 1 and 2, in an oral family settlement, handed over the business to petitioner Nos. 3 and 4 who had been paying teh-bazari to respondent No. 4. Unfortunately, a fire broke out in the said market in which all the kiosks were destroyed, but all the kiosk owners were given an interim relief of Rs. 25,000/- each. Petitioner No. 1 and 2 were also given separate cheques of Rs. 25.000/- on the consideration that they both were having their separate kiosks in the said market. The respondent also made a policy of rehabilitation by allotting pucca booths to all the shopkeepers, who were running their business in the said market. Accordingly, a public notice dated 31.05.2007 was published in "The Tribune" for allotment of 130 booths by way of draw of lots and in the said list, petitioner No. 1 was shown, at Sr. No. 173, doing the business of electrical and petitioner No. 2 at Sr. No. 153 doing the business of ready made garments. Thus, claim of petitioner Nos. 1 and 2 were considered separately as against their two kiosks.
(2.) Initially, at the time of survey in 1987, 377 persons were found, working in the Khokha Market but the finance and Accounts Committee, PUDA in its 49th meeting held on 15.02.2006, decided to allot pucca booths to 322 persons. However, the said decision was reviewed by the Finance and Accounts Committee, PUDA in its 51st meeting held on 15.07.2006, in which it was decided to allot pucca booths to all the 377 persons mentioned in the survey list of 1998. It was also decided that more than one person working in the same Khokha would be enlisted as A, B and C etc. under the same serial number. It was also decided on 24.04.2008 that one booth should be provided for one Khokha.
(3.) It is alleged that now the petitioners have been allotted only one booth No. 223-C jointly against their two booths at Sr. No. 153 and 173 by letter of intent dated 09.01.2009 (Annexure P-4), on the ground that husband, wife and minor children is a one family unit.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.