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2015 Supreme(P&H) 99

HEMANT GUPTA, HARI PAL VERMA
Anil Kumar – Appellant
Versus
Union Territory Chandigarh – Respondent


Advocates:
For the Petitioners:Mr. R.S. Bains, Advocate.
For the Respondents:Mr. Sanjeev Sharma, Senior Advocate, with Mr. Amit Arora, Advocate.
For the Petitioners CWP No.3286 of 2014:Mr. Deepak Saini, Advocate.
For the Respondents CWP No.3286 of 2014:Mr. Sanjeev Sharma, Senior Advocate, with Mr. Amit Arora, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - This order shall dispose of Civil Writ Petition Nos.16862 of 2013 and 3286 of 2014, raising identical questions of law and facts. However, for the facility of reference, the facts are taken from CWP No. 16862 of 2013.

2. The petitioners claim to be residing in Chandigarh for the last 20-30 years. It is pleaded that most of the petitioners are working as Class-IV employees in the Government institutions on contract basis and are getting the minimum wages. It is pleaded that initially, the petitioners and their families were living in rented accommodations in Chandigarh within the Abadi land of the villages. After the villages were included in the Municipal Corporation, the rentals have increased, therefore, it was difficult for them to afford accommodation within the Lal Dora, therefore, they are residing outside the abadi area which was demarcated in 1918. It is pointed out that the Punjab Settlement Manual defines Abadi to mean as under:-

“The village site should be measured in one number, together with the small plots attached in which cattle are penned, manure is stored and straw is stacked and waste attached to the village site. The entry in the









































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