Parshant Garg v. The U.T Administration, Chandigarh And ANR

CWP NO.9238-2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP NO.9238-2020 Date of Decision: 06.07.2020 Parshant Garg ....Petitioner

Versus

The U.T. Administration, Chandigarh and anr.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH HON'BLE MR. JUSTICE SANT PARKASH Present : Mr. Pankaj Maini, Advocate, for the petitioner.

Mr. Jagjot Singh Lalli, Standing counsel, for respondents-UT Chandigarh.

**** JASWANT SINGH , J.(Oral) Heard through video conferencing.

Prayer in this petition inter alia is for setting aside the notification dated 07.11.2007 (Annexure P-7) issued by the Chandigarh Administration Finance Department, i.e. known as Chandigarh Estate Rules, 2007, being contrary to the provisions of the Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (for short, "the 1995 Act") (Annexure P-2) as the respondents have not earmarked the booths for the physical handicapped persons to which the petitioner is belonging. After hearing counsel for the petitioner, we find the challenge to the Chandigarh Estate Rules 2007, on the premise that it did not provide SONIKA 2020.07.06 17:43 I attest to the accuracy and authenticity of this document Chandigarh

CWP NO.9238-2020 --2-- for allotment of booths and SCOs for the disabled persons to be not maintainable at this belated stage, when the entire scheme stands implemented since long.

However, for future allotments, as per the provisions of Disability Act, 2016, in the background of no such reservation having been made in-spite of Section 43 clause (b) of the 1995 Act, the stand of the UT would have been necessary.

Counsel for the petitioner realizing the lack of proper pleadings, therefore, prays for permission to withdraw the instant petition with liberty to file a fresh one with better particulars.

Dismissed as withdrawn with aforesaid liberty. (JASWANT SINGH) JUDGE (SANT PARKASH) JUDGE July 06, 2020 sonika whether speaking/reasoned: Yes/No whether reportable:

Yes/No SONIKA 2020.07.06 17:43 I attest to the accuracy and authenticity of this document Chandigarh