IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 7566 of 2007 DECIDED ON : 02.02.2009 Bajinder and others ...Petitioners versus U.T., Chandigarh and another ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. S. N. Saini, Advocate, for the petitioners. Mr. Anupam Gupta, Senior Standing Counsel with Mr. Vishal Sodhi, Advocate, for U.T. Chandigarh. SURYA KANT, J. (ORAL) The petitioners seek a direction against the respondents to allot alternative sites/residential accommodation in lieu of their dislodgment from the Jhuggies in Palsora Colony, U.T., Chandigarh. The petitioners' case is that they have been residing in various Jhuggies located in Palsora Colony, U.T. Chandigarh. Those Jhuggies were demolished by the U.T., Administration and in lieu thereof, as per the policy decision taken by the respondents, some alternative sites were to be allotted to the uprooted dwellers. The petitioners' further claim is that even though they were fully eligible for allotment of the alternative sites, their claim has not been considered by the administration. Notice of motion was issued and in response thereto, the respondents have filed their counter affidavit. C.W.P No. 7566 of 2007 -2- A plea has been taken that an advertisement/public notice was issued and in response thereto, all the Jhuggi dwellers were required to apply. The petitioners, however, did not apply in response to the said public notice, copies of which have been appended with the counter affidavit. According to the respondents, all those persons who applied and were found eligible, were put to a draw of lots and the site was allotted. Learned counsel for the petitioners submit that the petitioners have applied in response to the public notice and were fully eligible for inclusion of their names in the draw of lots. Having heard learned counsel for the parties and taking into consideration the nature of the controversy, I deem it appropriate to dispose of the writ petition with liberty to the petitioners to approach the Estate Officer, U.T, Chandigarh within a period of two weeks from today along with the documents/proof to show that they had applied in response to the public notice. The Estate Officer shall consider their claim and in case it is found that the petitioners had applied within time and were eligible for inclusion of their names in the draw of lots, in that event, the petitioners' claim shall also be considered in accordance with policy. The entire exercise shall be completed within three months from the date of receipt of certified copy of this order. FEBRUARY 02, 2009 (SURYA KANT) shalini JUDGE