L.P.A NO. 1520 OF 2011 (o&m) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A NO. 1520 OF 2011 (o&m) DECIDED ON : 30.08.2011 Simran Gheer ...Appellant versus Union of India and others ...Respondents CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present : Mr. V. K. Jindal, Advocate, for the appellant. Mr. Anil Malhotra, Advocate, for the caveator-respondent No.1. Mr. John Kumar, Advocate for Mr. Vikram Singh, Advocate, for respondent No.4. HEMANT GUPTA, J. (ORAL) The challenge in the present appeal is to the order dated 25.04.2011 passed by learned Single Judge. Vide the aforesaid order, the writ petition filed by the appellant, challenging the allotment of petrol pump site to respondent No.4, was dismissed. The appellant and respondent No.4 are contenders for petrol pump site at Karnal on Karnal Bye Pass road. The grievance of the appellant is in respect of awarding 25 marks for L.P.A NO. 1520 OF 2011 (o&m) -2- land and infrastructure on the basis of firm offer. As per the appellant, the land in respect of which the said respondent has been awarded 25 marks, belongs to her father, whereas the father is not a member of family of a married woman. Therefore, such marks could not be given to respondent No.4. It is contended that since the father is not a member of family and has been specifically excluded, therefore, the findings recorded by the learned Single Judge that as a stranger, the firm offer of the father can be taken into consideration, is not tenable in law. We have heard learned counsel for the appellant but do not find any merit in the present appeal. As per the guidelines, the candidate who has firm offer of land and willing to give petrol pump company on long term lease on rents, acceptable to the company, is entitled to 25 marks. The following evaluation parameters as given in Annexure R2/1 are relevant :- d) in respect of “Land” and “Finance” parameters as indicated above the ownership of land/finance by any member of the “family unit” as defined under Para 6 above, will be considered as owned/belonging to the applicant subject to producing consent letters as applicable from the concerned member of the “family unit”. In case the land/finance is owned by the applicant or members of “family unit” jointly with third person is required to qualify for marks. Land procured on long lease (registered) for more than 15 years with a renewal option; of 15 years will be considered as “own land”. In case of married person/applicant the “family unit” consists of self, spouse and unmarried son(s)/unmarried daughter(s) and in case of L.P.A NO. 1520 OF 2011 (o&m) -3- unmarried person/applicant the “family unit” consists of self, father, mother, unmarried brother(s) and unmarried sister(s). e) The “firm offer” of land will include land offered from third person based on Agreement to purchase, offer letter on stamp paper, Affidavit or Power of Attorney duly supported by land documents. Though father of a married woman is not a member of family, but the position of the father is not worse than a third person for giving his land on long term lease. Such is the finding recorded by the learned Single Judge. The third person will include other family members who do not fall within the definition of family, as mentioned in Clause d, reproduced above. In view of the above, we do not find any merit in the present appeal. Dismissed. (HEMANT GUPTA) JUDGE (VIJENDER SINGH MALIK) JUDGE 30.08.2011 shalini