GURJIT SINGH (D) THROUGH LRS versus UNION TERRITORY, CHANDIGARH & ORS.

GURJIT SINGH (D) THROUGH LRS versus UNION TERRITORY, CHANDIGARH & ORS.

In absence of any specific rule or regulation entitling a shop licence holder to the allotment of an auction platform adjacent to or in front of his shop as a matter of right, and where allotment was made in accordance with the Secretary, Agriculture guidelines giving priority to those who were allottees and working as on the date of collapse (10.06.2007), the High Court correctly held that the appellant had no superior right to the platform and dismissed the challenge to the allotment in favour of respondent No. 5.

Parties
Appellant: GURJIT SINGH (D) THROUGH LRS; Respondent: UNION TERRITORY, CHANDIGARH & ORS.; Respondent: Respondent No. 5
Jurisdiction
India
Judgment Date
03 March 2023
Procedural Posture
Civil Appeal / Appeal From High Court Letters Patent Appeal Dismissing Writ Petitions
Outcome
Appeals dismissed
Legal Topics
Licence Renewal, Allotment of Auction Platform, One Site One Shop Policy, Seniority in Allotment, Reconstruction of Sheds
Administrative Law Property Law Market Regulation Licensing Licence Renewal Allotment of Auction Platform One Site One Shop Policy Seniority in Allotment +1 more

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Parties

GURJIT SINGH (D) THROUGH LRS

Appellant

UNION TERRITORY, CHANDIGARH & ORS.

Respondent

Respondent No. 5

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Letters Patent Appeal Dismissing Writ Petitions

Legal Issues

  1. 1 Whether a licence holder of a shop is entitled as a matter of right to the allotment of the auction platform adjacent to or in front of his shop
  2. 2 Whether the right to use a shop and the right to use an auction platform are distinct or necessarily linked
  3. 3 Whether the allotment made in favour of respondent No. 5 was in accordance with applicable policy and guidelines (including priority for pre-collapse allottees)

Ratio Decidendi

In absence of any specific rule or regulation entitling a shop licence holder to the allotment of an auction platform adjacent to or in front of his shop as a matter of right, and where allotment was made in accordance with the Secretary, Agriculture guidelines giving priority to those who were allottees and working as on the date of collapse (10.06.2007), the High Court correctly held that the appellant had no superior right to the platform and dismissed the challenge to the allotment in favour of respondent No. 5.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • No costs.