JUDGMENT Surya Kant, J. (Oral) - The question which falls for consideration is whether the petitioner has substantially complied with the conditions contained in 'Chandigarh Small Flats Scheme, 2006' (for brevity,'the Scheme'), notified on 06.11.2006 to rehabilitate the jhuggi dwellers. 2. There is no quarrel that one of the eligibility condition mandates that jhuggi dweller must have been found residing in a jhuggi at the time when Bio-metric survey was conducted in March 2006. At the same time, this Court has held in some of the decisions relied upon by the petitioner, including CWP-15130-2016 (Lakhwinder Singh v.s Union Territory, Chandigarh and others) decided on 17.04.2017, that if an applicant can prove himself/herself to be bona fide resident of a jhuggi on the basis of official documents other than the Bio-metric survey, such person should not be rendered ineligible merely because he/she was not found present physically in the jhuggi at the time of Bio-metric survey. It is possible that such a person might have gone to earn livelihood on the day and time of survey; one might be hospitalised; might have gone out of station because of some compelling circumstances etc. However, if such person can prove that they have been continuing residing, say their names are in the voter list, ration card, Aadhar Card, BPL Card etc, such official documents can also be taken into consideration by the Competent Authority for determining eligibility. 3. In the instant case the petitioner though appears to have woken up after nine years but he nevertheless relies upon official documents which require consideration by the Estate Officer and determine whether or not the petitioner qualifies under the aforesaid Scheme? We thus, do not express any views on petitioner's eligibility but find it a fit case for reconsideration by the Estate Officer. 4. Consequently, the writ petition is allowed in part and the impugned order dated 30.08.2017, Annexure R-1 passed by the Estate Officer, UT, Chandigarh is set aside with a direction that let the petitioner be given opportunity to produce the documents to prove his eligibility under the Scheme, as construed liberally by this Court in various decisions rendered in Lakhwinder Singh's case (supra) and Dinesh Kumar and others vs. Union Territory, Chandigarh and others in CWP-2317-2014 decided on 22.12.2014 and others etc.
The Estate Officer, UT, Chandigarh shall pass appropriate order within a period of three months from the date of receipt of certified copy of this order. The petitioner may be heard in person before deciding his claim.