Punjab-Haryana High Court
Gurjant Singh vs Greater Area Mohali Development ... on 24 August, 2012
Author: Surya Kant
Bench: Surya Kant
CWP No. 1576 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 1576 of 2012
Date of decision: 24.8.2012
Gurjant Singh
..... Petitioner
Versus
Greater Area Mohali Development Authority
..... Respondent
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR.JUSTICE R.P. NAGRATH
PRESENT: Mr. Arun Kaundal, Advocate for the petitioner.
Mr. Shekhar Verma, Advocate for the respondent.
SURYA KANT, J. (ORAL)
The petitioner is an Ex-serviceman who applied for allotment of a residential plot measuring 300 Sq. Yards in Aerocity, SAS Nagar, Mohali. The petitioner though is an Ex-serviceman but in the Application Form he mentioned his category as "03" which was for the category of legal heirs of Army/Para Military Forces etc., instead of code "02" to which he actually belongs. The petitioner's application was considered under "03" code and he was successful in the draw of lots. During scrutiny of the documents, it has been found by the authorities that the petitioner is an Ex-serviceman and not the legal heir/dependent of an Ex-serviceman, hence, his application against code "03" has been CWP No. 1576 of 2012 -2- rejected.
We have seen the original record produced by learned counsel for the respondent-authority. Learned counsel for the petitioner also does not dispute this mistake.
In these circumstances, we find no legal infirmity in rejection of the petitioner's application for allotment of plot under "03" category. However, keeping in view the peculiar facts and circumstances of the case, we direct that in case, there is an un-allotted plot lying under the category "02" or "03" of 300 Sq. Yards size or any smaller size, the same be allotted to the petitioner or the petitioner be kept in the waiting list for the abovestated category.
Disposed of.
( SURYA KANT )
JUDGE
August 24, 2012 ( R.P. NAGRATH )
rishu JUDGE