CWP No.8506 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8506 of 2009 (O&M) Date of Decision: 05.01.2011 **** Lawrence Market Welfare Association, Amritsar & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . 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. Vaneet Soni, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab Ms. Preeti Khanna, Advocate for respondent No.2 Mr. RD Bawa, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). Petitioner No.1 is a Welfare Association of the Shop- keepers’ of Lawrence Market whereas petitioners No.2 & 3 are its members. They seek a mandamus to direct the Improvement Trust, Amritsar to allot them the shops/booths pursuant to the auction held on 3rd July 2006 for which the allottees are said to have deposited 25% of the auction amount also. The petitioners’ grievance was that the booths were being not allotted CWP No.8506 of 2009.doc - 2 – merely for want of the approval of the auction process from the State Government which until the passing of the following order on August 20, 2010, was awaited:- “It appears that the built-up booths/shops could not be allotted to the petitioners, who are running their Khokhas in Lawrence Market, Amritsar as the resolution passed by the Improvement Trust for such allotments has not been approved by the State Government. Though the Improvement Trust as well as the Municipal Corporation, Amritsar have filed their respective reply/affidavits, the State Government is yet to file the same despite ample opportunities. As prayed for by Mr. Sidhu, learned DAG Punjab and as a last opportunity, adjourned to 05.01.2011 for arguments. The Secretary, Department of Local Government, Punjab is directed to ensure that the reply, if so required, be filed well in advance with a copy to the learned counsel for the petitioners as well as respondent No.2, failing which he shall remain present in Court to explain as to why exemplary costs be not imposed……” (2). Learned State counsel has filed an affidavit of SK Sharma, Additional Secretary to Government of Punjab, Department of Local Government wherein, it is averred that the Improvement Trust, Amritsar vide its letter dated 08.06.2010 requested the State Government to “approve their proposal for granting restricted auction to CWP No.8506 of 2009.doc - 3 – Khokha holders….. at the reserve rate of 2010” and the said proposal has been approved by the State Government vide its memo dated 26.10.2010 (Annexure R-1/T). (3). In view of the fact that the State Government has accorded its approval, the writ petition is disposed of with a direction to the Improvement Trust, Amritsar to allot the built-up booths/shops to the eligible members of petitioner No.1-Association, however, without prejudice to their rights to challenge the reserve price now fixed by the Improvement Trust/State Government. (4). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 05.01.2011 vishal shonkar (S u r y a K a n t) Judge