Lisa Gill, J. - (1.) THE petitioners, in this case, have prayed for quashing of order dated 27.06.2013 passed by the Chief Administrator, GMADA, SAS Nagar, wherein their claim for allotment of two booth sites has been rejected.
(2.) PETITIONERS No. 1 and 2, who are husband and wife, are alleged to have been doing their work at two separate kiosks in Janta Market, Phase 3B1, SAS Nagar, Mohali namely at kiosk No. 173 and 153, respectively. In the year 1998, PUDA (now GMADA) had got a spot survey conducted in order to convert the unauthorised and unplanned shops into an authorised market. In the said survey, it was found that there were 322 illegal khokhas in which 378 persons were shown to be found running their business. It was decided to allot pucca booths to 322 persons by the Finance and Accounts Committee of PUDA in its 49th meeting held on 15.02.2006. This decision was reviewed on 15.07.2006 and it was decided to allot booths to all 378 persons whose names had appeared in the survey list of 1998. Thereafter, a public notice was issued by GMADA on 31.05.2007 in which it was mentioned that the draw of lots shall be conducted on 15.06.2007. The name of petitioner No. 1 figured at serial No. 173 and that of petitioner No. 2 at serial No. 153. However, on 01.06.2007 a fire broke out in the market destroying kiosks. The said kiosks alongwith others are stated to have been lost in a fire, which broke out in the Janta market on 01.06.2007. Petitioners No. 1 and 2 were given separate cheques of Rs. 25,000/ - by way of interim relief. The draw scheduled for 15.06.2007 was cancelled and a public notice was issued on 30.08.2007 inviting applications for allotment of booths, in response whereof 422 applications were received. As the number of claims exceeded the earlier verified claims, a Scrutiny Committee was constituted to verify the laid claims and as per a meeting held on 17.02.2008 it was decided that only one booth should be allotted to one family unit. The relevant extract of the decision dated 17.02.2008 is reproduced as hereunder: - Thereafter the matter was discussed in detail. After considering all these issues Hon'ble Chief Minister decided that the following principle should be followed for allocation of booths. All 378 persons should be treated at par. Husband -wife and minor children should be considered for one family unit. Only one booth should be allotted to one family unit. Keeping in view the intermediate lapse of ten years between the survey and the rehabilitation, it was decided that all the claims should be examined as per the above principle as one present date. (emphasis supplied).
(3.) PETITIONERS No. 1 and 2 were jointly allotted one booth No. 223 -C vide Letter of Intent dated 09.01.2009.;