Entitlement to challenge allotment requires demonstrating displacement due to construction.

JUDGMENT

Ajay Mohan Goel, J. - By way of this petition, the petitioners have prayed for the following substantive reliefs:-

"i) That the respondents may be ordered to produce the entire record regarding construction and allotment of shops detailed above for the perusal of this Hon'ble Court.

ii) That since allotment of shops has not been made on the basis of any rational, valid and legal policy and criteria, therefore, all the allotments as made may kindly be set-aside and quashed.

iii) That the correctness and validity of the allotment of shops may kindly be examined by this Hon'ble Court so that unlawful allotment of shops whatsoever is found to have been made may be setaside and quashed.

(iv) That necessary orders may kindly be passed so that remaining shops 3 in number are allotted to the present Petitioners in the order of seniority and the 4th Petitioner may be ordered to be allotted a shop allotment whereof may be cancelled by this Hon'ble Court or by the respondents out of the shops already allotted in favour of the person who is/are not found eligible for such allotment."

2. The case of the petitioners is that they are earning their livelihood by running small business in rehris/pharis/thadis for the last many years. Large numbers of people have been running their small business similar to the petitioners by way of thadis/pharis/rehris over the land comprised in Khasra No. 2140/1997/803, measuring 5250.33 sq. meters, which area falls within Municipal Council, Hamirpur.

3. Petitioner No. 1, Balbir Chand, started running his business in the month of June, 1987, on the payment of Tehbazari fees to the Municipal Council, Hamirpur. Initially, the Tehbazari fees was 30/- per month, which up to the year 2012 stood increased to 200/- per month. Similarly, petitioner No. 2, Tirath Ram, also started his business at the aforesaid place in the year 1991. Petitioner No. 3, Piar Chand, started his business in the year 1991 on payment of Tehbazari fees and petitioner No. 4, Shakti Chand, started his business in the year 1988 on payment of Tehbazari fees.

4. Their grievance is that the respondents started construction work of shops over Khasra No. 2140/1997/803, measuring 5250.33 sq. metres during the year 2011-12 with the intent that shops were to be provided to all the persons running their business by way of thadis/pharis/rehris. As per the petitioners, though, they were not having the complete details of the resolution which stood passed by the Municipal Council, Hamirpur, in this regard and also with regard to the collection of funds, yet, initially a demand was set up by Municipal Council, Hamirpur, for collection of funds from persons who were running their business over the land mentioned above in the manner explained in the petition. Though, initially a sum of 82,000/- was to be taken from the beneficiaries, however, the same was subsequently raised to 85,000/-. According to the petitioners, the procedure adopted by the respondents to set up this demand of 85,000/- from the people running their business over the area in lieu of the allotment of shops to them, was arbitrary and without adopting any proper and set procedure in this regard. It is further their case that they were never called upon to pay the amount of 85,000/-, and therefore, could not apply for the shops in question. Their inquiries revealed that no criteria stood adopted by the respondents for the allotment of the shops whereas the information garnered by the petitioners under the Right to Information Act demonstrated that the shops in question had been constructed with the aid of funds provided by the Government, but the allotment of the shops was not made on the basis of any rational or equitable and just criteria. As per the petitioners, the allotment was made unlawfully and in certain cases, both father and son were given the benefit of allotment of shops, who otherwise were persons with means, whereas persons like the petitioners, who were actually entitled for