CWP No.15871 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15871 of 2009 (O&M) Date of Decision: 21.03.2011 **** Kuldeep Arora . . . . Petitioner VS. Union Territory of Chandigarh & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. TS Dhindsa, Advocate; Mr. Arun Palli, Senior Advocate with Mr. Tushar Sharma, Advocate; Mr. Aashish Chopra, Advocate; Mr. Rajbir Singh Guron, Advocate for the PETITIONERS Mr. Sanjay Kaushal, Sr.Standing Counsel, Mr. Amar Vivek, Advocate for UT Chandigarh Admn. Ms. Anjali Kukkar, Advocate for UOI **** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP Nos.15871, 16348, 16381, 16382 & 16916 of 2009 involving common issues which cynosure the scrapping/cancellation of the “Bed and Breakfast Scheme” launched by the Chandigarh Administration in March 2009. (2). The petitioners are owners of the residential houses with sufficient vacant accommodation who were short-listed CWP No.15871 of 2009.doc - 2 – and accorded permission to utilize a portion of their residential premises for implementation of the said “Bed and Breakfast Scheme”. With the scrapping of the subject Scheme, the permission/short-listing of the petitioners also stood cancelled giving rise to the present proceedings. (3). The respondents have filed their reply/affidavit pointing out instances of alleged misuse of the Scheme by some of the occupiers. (4). It also appears that certain guidelines have been laid down by the Ministry of Tourism, Government of India for approval and registration of “Incredible India – Bed and Breakfast Establishments Scheme” which was later on circulated, for its launching in the Union Territory of Chandigarh also. (5). Should there be “Bed and Breakfast Scheme” in the Union Territory of Chandigarh, is a question which essentially being a matter of policy, falls within the domain of the Executive and needs to be decided by the competent authority in consultation with all the stakeholders. It may not be expedient for a writ court to express any opinion in relation thereto, however, I deem it expedient to dispose of these petitions with liberty to the petitioners to submit their self-explanatory CWP No.15871 of 2009.doc - 3 – memorandum(s) along with relevant material to impress upon the Chandigarh Administration to re-launch the “Bed and Breakfast Scheme” in the Union Territory of Chandigarh. As and when such Memorandum(s) is/are submitted, the Home Secretary-cum-Secretary Tourism and the Director, Tourism, Chandigarh Administration are directed to objectively consider the same after giving an opportunity of hearing to all concerned and thereafter take an appropriate decision, uninfluenced of the observations/short-comings/deficiencies, noticed during the period when the earlier Scheme was in vogue. It would be appreciated if the decision is taken at the earliest but not later than six months. (6). Ordered accordingly. Dasti. 21.03.2011 vishal shonkar (S u r y a K a n t) Judge