IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 21288 of 2011 DATE OF DECISION : 17.11.2011 Jagdish Prashad Yadav .... PETITIONER Versus The Chairman, Chandigarh Housing Board, Chandigarh and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Pankaj Bali, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) Petitioner Jagdish Prashad Yadav has filed the instant petition under Articles 226 and 227 of the Constitution of India for issuing direction to the respondents to allot him a flat under the Chandigarh Small Flats Scheme, 2006. Before approaching this Court, the petitioner filed an application before the Permanent Lok Adalat (Public Utility Services), Chandigarh, which is headed by a retired Judge of this Court. A detailed reply (Annexure P-6) to the said application was filed on behalf of the Chandigarh Housing Board, Chandigarh (hereinafter referred to as `the Board') stating therein that as per clause 6 (a) (i) of the said Scheme, the CWP No. 21288 of 2011 -2- petitioner was not eligible for allotment of the plot, because though his name appears in the voter lists of the year 2006 and 2009, but his name does not find mention in the bio-metric survey conducted by the Estate Officer. After the filing of this reply, the petitioner withdrew the said application and on the statement of the petitioner, the said application filed before the Permanent Lok Adalat (Public Utility Services), Chandigarh, was dismissed as withdrawn. Thereafter, the petitioner has filed the instant petition. During the course of hearing, it has not been disputed by learned counsel for the petitioner that name of the petitioner does not find mention in the bio-metric survey conducted by the competent authority of the Chandigarh Administration. However, learned counsel claims that the petitioner is possessing photostat copy of a bio-metric slip bearing serial No. 26752, which indicates that the petitioner was residing in Labour Colony. In the aforesaid reply (Annexure P-6) filed before the Permanent Lok Adalat (Public Utility Services), Chandigarh, it was also stated that the issue of similarly situated persons, who are possessing photostat copies of the bio-metric slips, was considered by the Finance Secretary, Union Territory, Chandigarh, in a meeting dated 9.4.2010, in which it was decided that any person carrying photocopy of the slip of bio-metric survey, whose name does not appear in the bio-metric survey shall not be considered eligible for allotment of flat under the Scheme. The photo copy of bio- metric survey slip is not a proof of the bio-metric survey. We are of the opinion that the respondents have rightly taken the said decision, because CWP No. 21288 of 2011 -3- merely possessing a slip of bio-metric survey by any person bearing his name, does not ipso facto gives any right for allotment of a flat to such person, particularly when the name of such person does not find mention in the original Bio-metric Survey Report. As per eligibility clause, it is mandatory that name of such person must exist in the bio-metric survey conducted by the competent authority. In the instant case, in the bio-metric survey conducted by a committee, consisting of Tehsildar (Colonies) and three officers of the U.T. Administration, name of the petitioner does not find mention. Therefore, the petitioner was rightly not found eligible for the said allotment under the Scheme. In view of the above, we do not find any merit in the claim of the petitioner. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE November 17, 2011 ( PARAMJEET SINGH ) ndj JUDGE