Vinod Kumar Soni vs N.C.L. and Others

R.S. Jha, Judge

With the consent of the learned counsel for the parties, the matter is heard finally. The petitioner has filed this petition being aggrieved by order dated 2.5.2003 by which the respondent N.C.L. has rejected the prayer of the petitioner to allot him shop no. 23 in the Shopping Complex constructed by them in the N.C.L. Project Nigahi.

The case of the petitioner, in the present petition, is that the petitioner alongwith one Shiv Vachan Shah, who is a land oustee, applied for a shop which was required to be allotted to the land oustee by the respondents on preferential basis but the respondents have not done so contrary to their own policy and, therefore, the impugned order deserves to be quashed and the petitioner be allotted shop no. 23.

The respondents have filed a return and stated that the respondents had acquired the land of one Shiv Vachan Shah and in view thereof compensation was awarded to him. It is stated that the said Shiv Vachan Shah has not applied for allotment of any shop nor has he filed the present petition being aggrieved by the refusal to do so but the petitioner, who is not a land oustee, had applied alongwith an affidavit of Shiv Vachan Shah for allotment of the shop in his behalf as his partner. The respondents submits that there is no such provision in the policy to allot a shop to a person who is not a land oustee nor is an oustee permitted to seek allotment by entering into an agreement on partnership with a non-oustee. It is submitted that as the petitioner is not entitled to allotment, his application has rightly been rejected.

I have heard the learned counsel for the parties at length. From a perusal of the petition it is undisputed that the petitioner is not an oustee; that the actual oustee in question Shiv Vachan Shah has not applied for allotment nor has he filed the present petition or is he aggrieved by the impugned order rejecting the petitioner''s claim. It is also undisputed that there is no clause in the policy to allot any shop to a person who is not an oustee on preferential basis. In the circumstances, I do not find any merit in the petition which is, accordingly, dismissed.