The petitioner challenged the allotment of residential plots to private respondents in the Scheduled Caste category by the Greater Mohali Area Development Authority. The court held that the respondents were eligible based on certificates issued prior to the cutoff date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.11970 of 2013 Date of Decision : May 29, 2013
Dharamjit Singh versus
.....Petitioner
The State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.D.D.Bansal, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
In his first Civil Writ Petition No.24555 of 2011, the petitioner questioned allotment of residential plots to private respondents No.3 to 37 in reserved category of Scheduled Caste in the Urban Estate of Aerocity set up by the Greater Mohali Area Development Authority (for short 'the GMADA'). The said writ petition was substantially dismissed on 14.12.2012, however liberty was granted to the petitioner that if there is any instance of issuance of the residence/domicile certificate after the cut off date, he may represent before the Competent Authority. The petitioner who is in the waiting list and is too keen for the allotment in his favour, immediately represented the Competent Authority but that representation has now been turned down by the Estate Officer, GMADA,
CWP No.11970 of 2013
[2]
observing as follows:-
“...As per orders of the Hon'ble Punjab and Haryana High Court, the petitioner was afforded an opportunity of being heard. According to the petitioner the documents of respondent Nos.16 and 37 are subsequent to the cut off date which are dated 22.12.2010 and 3.1.2011 respectively. The reply submitted by the petitioner has been considered according to which S.C. certificate of Chander Bhagat son of Sh.Surinder Pal, resident of 215, J.P.Nagar, Jalandhar, has been issued by Tehsildar, Jalandhar vide letter No.2411/S.C. dated 1.6.2000 is related to Punjab and has been issued before the cut off date and residence certificate has been issued by Tehsildar Jalandhar vide No.8037/R.C. dated 22.12.2010. These certificates are issued by the Tehsildar to those applicants who are residing in Punjab since the last five years.
Similarly, S.C. certificate issued vide No.4355 dated 26.12.2001 by Tehsildar Ludhiana to respondent No.37 Hardeep Singh son of Veer Singh resident of House No.160-B, Gali No.2, Jawadi Road, Post Office, Model Town, Ludhiana is prior to cut off date 6.7.2010. As per residence certificate issued vide No.1 dated 3.1.2011, he has been living in Punjab since birth. Therefore, the claim of
CWP No.11970 of 2013
[3]
the petitioner is liable to be rejected on the ground that respondent No.16 and 37 are not eligible. Besides this, Chander Bhagat has been issued S.C. certificate dated 11.6.2000 by Tehsildar, Jalandhar. Similarly, Hardeep Singh has been issued S.C. Certificate dated 6.7.2010 by Tehsildar, Ludhiana (West). As such, the S.C. certificates issued to the applicants are prior to the cut off date 6.7.2010 and they are eligible for allotment. Therefore, I Novjot Kaur, PCS, Estate Officer, GMADA, Mohali, reject the claim of the petitioner for rejecting the allotment of respondent Nos.16 & 37.”
In our considered view, there is no infirmity in the two allotments questioned by the petitioner through his representation and the reasons assigned by the Estate Officer, GMADA are perfectly valid.
Dismissed.
(SURYA KANT) JUDGE $ May 29, 2013 (R.P.NAGRATH) Mohinder JUDGE
1 issue framed by the court
Whether the allotment of residential plots to private respondents in the reserved category of Scheduled Caste was valid in view of the respondent's eligibility certificates.
Dharamjit Singh
The State of Punjab
SURYA KANT
R.P.NAGRATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
