Civil Writ Petition No. 20560 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 20560 of 2010 DATE OF DECISION: MAY 31, 2011 Captain M.S. Sharma .....Petitioner VERSUS Municipal Corporation, Faridabad ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Vikas Lochab, Advocate, for the petitioner. Mr. Deepender Ahlawat, Advocate, for the respondent. **** RANJIT SINGH, J. This order will dispose of writ petition Nos.20560, 20564, 20591, 20563, 20568, 20586, 20593 of 2010. Facts have been taken from CWP No.20560 of 2010. The petitioner had applied for allotment of 80 sq. feet space near about Sector 28, Faridabad. This was given to him on lease and was continued w.e.f 12.8.1992 to 31.4.2011 on a rent of `200/- per month. Subsequently, the lease was extended from time to time. The grievance of the petitioner is that the respondent now wants to allot this space/shop to someone else. The petitioner had been allotted this space in the category of ex-serviceman. The respondent-Municipal corporation filed a petition under Sections 4, 5 & 7 of the Public Premises Act on Civil Writ Petition No. 20560 of 2010 -2- 21.4.2010 for ejectment on the ground of non-payment of rent. The petitioner has averred that he is ready and willing to pay the rent, which the respondent has not accepted. The petitioner preferred an appeal, which was dismissed. He has, therefore, filed this writ petition to claim his right. In response to notice of motion, reply is filed. It is disclosed by way of preliminary objection that the petitioner has not approached the Court with clean hands and has concealed the material facts. As per the condition of allotment, the respondent- Corporation has reserved its right to discontinue with the permission and has retained a right to get the booth removed for bona fide need of development or beautification scheme without giving any compensation. It is now pointed out that booth in question is situated on green belt, which has to be developed by the respondent- Corporation so that it will be free from all hindrances and may be used freely by the general public and for improvement of transport facilities. The respondent would, accordingly, pray for dismissal of the writ petition. Nothing much could be stated before me to rebut the stand taken in the reply. Since the petitioner was allotted this space of booth on a condition to seek vacation thereof, in case it was needed for public purposes, the action of the respondent-Municipal Corporation cannot be faulted. The prayer made in the writ petition cannot be allowed. The interest of the petitioner cannot out weigh the interest of public at large. The petitioner, if so advised, may file a Civil Writ Petition No. 20560 of 2010 -3- representation before the Municipal Corporation for allotment of any other space or site, which may be considered in accordance with law. The writ petitions are, however, dismissed. May 31, 2011 (RANJIT SINGH) monika JUDGE