IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

103 CM-14160-CWP-2025 IN/AND Date of Decision: 02.12.2025.

Kiran (minor) ....Petitioner.

VERSUS Chandigarh Housing Board and others ....Respondents.

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CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA ---

Present: Mr. Saurabh Arora, Advocate (Legal Aid Counsel)

for the petitioner.

Mr. Parveen Chauhan, Advocate for respondent No.1-Chandigarh Housing Board.

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ANUPINDER SINGH GREWAL, J. (Oral)

CM-1416-CWP-2025 This application is for fixing an early actual date of hearing in the main case.

Heard.

For the reasons stated in the application, the same is allowed and with the consent of the parties, the main case is taken up on Board for hearing today itself.

CWP-20837-2015 (O&M)

The petitioner is seeking a direction to the respondents to allot a flat to her under the Chandigarh Small Flats Scheme, 2006, in lieu of her father who was found eligible for allotment, but unfortunately expired before the allotment.

2. Learned counsel for the petitioner submits that in 2015, when the instant writ petition was filed through her guardian-paternal uncle, the petitioner was a minor aged about 9 years. Father of the petitioner had been found eligible for allotment of a small flat by order of the Permanent Lok Adalat (Public Utility Services), Union Territory, Chandigarh, dated 19.03.2010. However, the father of the petitioner unfortunately expired on 15.02.2013. The mother of the petitioner had also been missing and DDR No.14 dated 20.03.2014 in this regard had been lodged. Therefore, the petitioner, being the sole legal heir of her father, would be entitled to allotment of a small flat.

3. Learned counsel for the respondents submits that although father of the petitioner was found eligible for allotment but the petitioner at that time was minor and there is no provision for allotment of a ‘small flat’ to a minor- child after the demise of the father. He refers to the noting in the application form, “Annexure R-2,” annexed with the written statement on behalf of respondent no.2 to further submit that the name of the mother of the petitioner in the records is reflected as ‘Annu Devi’, but in the order of the Lok Adalat dated 19.03.2010, reference has been made to the sworn affidavit of the mother of the petitioner, where her name is mentioned as ‘Smt. Ram Devi’ wherein she has stated that she has no objection to the allotment of the site to her husband. He, therefore, submits that the claim of the petitioner for allotment of flat was rightly declined by the Screening Committee.

4. Heard.

5. The petitioner, who was a minor at the time of filing of the instant petition in the year 2015, has now attained majority. Over the past decade, she is stated to have been raised by her paternal uncle. The father of the petitioner namely Vir Singh @ Bir Singh, s/o of Arjun Singh, was a resident of Jhuggi No.860, Labour Colony no.5, Burail, Chandigarh, since 1994, which is evident from the copy of the Voter Identity Card. One girl child namely ‘Kiran’ i.e. the petitioner, was born in May 2006 from the wedlock of Vir Singh @ Bir Singh and Annu Devi. Their names are also reflected in the Ration Card issued by the Chandigarh Administration on

05.10.2010.

5.1. On 06.11.2006, the Chandigarh Small Flats Scheme (hereinafter referred to as the ‘Scheme’), was notified for the rehabilitation of Jhuggi dwellers. The Chandigarh Administration conducted a door to door survey of the slums and colonies across the city. A bio-metric survey was also conducted by the administration to identify the ‘residents’ under the said scheme and a slip bearing No.5902 was issued to the father of the petitioner. The Jhuggis were subsequently demolished but no flat was allotted to him. Aggrieved thereby, in the year 2010 he filed a claim petition before the Permanent Lok Adalat (Public Utility Services) seeking allotment of a flat. Before the Permanent Lok Adalat, an objection was raised by the Chandigarh Housing Boar