C.W.P. No. 7701 of 1989 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 7701 of 1989 Date of Decision: Dec. 20,2010 Miss Nisha Bedi ............................................................ Petitioner Versus Haryana Urban Development Authority through its Chief Administrator and another .......................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Arun Singla, Advocate for the petitioner. Mr. Gurvinder Singh, Advocate for Mr. Siddharth Batra, Advocate for the respondents. ... Ritu Bahri, J.(Oral) This petition under Article 226/227 of the Constitution of India has been filed for a direction to respondent No.2 to allot one residential plot in the category of Handicapped to the petitioner. The Haryana Urban Development Authority issued an advertisement in the Tribune on 10.7.1988 calling applications for allotment of plots of various sizes on the terms and conditions mentioned in the advertisement. The plots were reserved for allotment to defence service personnel, ex-servicemen, war widows, disabled soldiers, handicapped and C.W.P. No. 7701 of 1989 [ 2 ] freedom fighters. The petitioner being handicapped on account of “Bilateral sensorineurai loss of hearing and pure tone average in speech, frequency being 90-dB for left and 90-dB for right ear”, and the gravity of the disease being such that she is unable to speak and hear since her birth, applied for one plot of 6 Marlas in the reserved category of Handicapped for which 68 plots had been reserved. The petitioner had rendered a certificate issued by All India Institute of Medical Sciences, New Delhi, dated 9.6.1987 along with her application showing that the petitioner was suffering from handicap in bilateral sensorineurai loss of hearing, as mentioned above. The petitioner was informed by letter dated 16.3.1989 that her category was changed from Handicapped to General. She made a representation vide Annexure P-6 to respondent No.2. Receiving no response from the respondents, the petitioner filed the present writ petition with a prayer that the respondents could not change her category from Handicapped to General. In response to her writ petition, written statement has been filed on 16.12.2010 by the respondents. Reference has been made to instructions dated 15.12.1981. As per column 2 of the said instructions, reservation of residential plots in the Urban Estates has been made for applicants who are residents of the Haryana State. The petitioner has not submitted any Certificate that she is a domicile of Haryana State. She was not entitled to be considered in the reserved category and as such her name was considered in the General category in the draw of lots held. Mr. Gurvinder Singh, Advocate, appearing for Mr. Siddharth Batra, Advocate for the respondents, has vehemently contended that the benefit of reservation is admissible only to the persons who have domicile C.W.P. No. 7701 of 1989 [ 3 ] of State of Haryana. In view of the above, the writ petition is dismissed with no order as to costs. 20.12.2010 ( RITU BAHRI ) Rupi JUDGE