C.W.P NO. 8056 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 8056 OF 2007 DECIDED ON : 04.05.2009 Chaman Lal @ Chiman Lal and anr. ...Petitioners versus Union of India and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. S. L. Chander Shekar, Advocate, for the petitioners. Mr. Puneet Jindal, Advocate, for the respondents. SURYA KANT, J. (ORAL) The two petitioners have approached this Court against demolition of the 'barber shops', allotted to them by the Railways at the Railway Station, Amritsar in the year 1978. Petitioner No.2 has unfortunately expired during the pendency of this writ petition, leaving behind no legal heir. The writ petition qua him has, thus, been rendered infructuous. As regards petitioner No.1, it is not in dispute that a small barber shop was allotted to him in the year 1978 on payment of Rs.5/- as monthly rent. The said shop has been demolished apparently without following any prescribed procedure. C.W.P NO. 8056 OF 2007 -2- It was in this backdrop that a Division Bench of this Court vide order dated 22.05.2008 issued the following directions to the respondents : “ In view of above, we direct the respondents to find out suitable method of adjusting the petitioners because they have spent over 28 years doing the work as barbers on the railway platform. The principle of legitimate expectation would also apply to them as the continuation of their vocation in the booths as barbers could not be stopped without applying the principle of natural justice. Let any alternative method of adjusting the petitioners be explored and produced before the Court before the next date of hearing”. In deference thereto, an affidavit dated 09.09.2008 of Dharmendra Kumar, Senior Divisional Commissioner Manager, Northern Railway, Ferozepur Division, Ferozepur has been filed. Para 2 and 3 thereof reads as follows : “2. That the Competent Authority has decided to allot sites to the petitioners in the Railway Station Building, Amritsar. The shops are of the area measuring 2.44 x 3.66 (8.93 sqm). C.W.P NO. 8056 OF 2007 -3- 3. That as per policy Instructions issued by the Government of India, Ministry of Railway, New Delhi dated 08.06.2005, the land rate at Amritsar has been as Rs.28,095.54 per sq.mtr. As per these Instructions, the renting of the shops per sq. mts. Is @ 10% of the total cost. The rent per annum to each shop would come to Rs.25,089/- per annum. The copy of policy is attached as Annexure R-2/3 along with the present affidavit”. A copy of the Policy dated 08.06.2005 for licensing of railway land for commercial plots etc. has also been appended with the aforesaid affidavit. It is on the basis of the said Policy that the respondents have now offered a shop measuring 2.44 m x 3.66 m i.e 8.93 sqm to the petitioner subject to payment of Rs.25,089/- per annum i.e more than Rs.2000/- per month as rent/license fee. Petitioner No.1 is a poor barber. He was earlier paying Rs.5/- per month to the railways. There can indeed be no doubt that the respondents are entitled to suitable enhancement in rent but such enhancement cannot be made on the assumption as it is a newly inducted tenant to whom the shop is to be leased out after the issuance of Policy dated 08.06.2005. The petitioner is an existing licensee/lease holder. The aforesaid Policy, therefore, cannot be applied in this case. C.W.P NO. 8056 OF 2007 -4- The writ petition is accordingly allowed to the extent that the respondents are directed to allot a shop to petitioner No.1 forthwith by suitably enhancing/revising the monthly rent of Rs.5/- which petitioner No.1 has been paying since the year 1978. While this Court is not in a position to determine or suggest as to what should be the monthly rent/license fee to which petitioner No.1 may be made liable, the respondents are directed to re-determine the same keeping in view the paying capacity and estimated income of the petitioner and the fact that he has already spent over 28 years as barber at the Railway Station. However, it is made clear that the monthly rent of Rs.2000/- as suggested by the respondents in terms of the Policy dated 08.06.2005, is highly excessive. The needful shall be done within a period of two months from the date of receipt of certified copy of this order. Disposed of. Let a copy of this order be given dast on payment of usual charges. MAY 04, 2009 (SURYA KANT) shalini JUDGE