Punjab-Haryana High Court
Kuldeep Singh vs The Chief Secretary To Govt. Of Punjab ... on 17 March, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.4879 of 2011
Date of Decision : March 17, 2011.
Kuldeep Singh .....Petitioner
versus
The Chief Secretary to Govt. of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Harnek Singh, Advocate, for the petitioner.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioner alleges himself to be a victim of 1984 Anti- Sikh Riots. He is alleged to have occupied L.I.G.House No.1427/6, Phase- XI, S.A.S.Nagar Mohali forcibly and while observing that he is not entitled for regularization of the unauthorized possession as no Red Card has been issued to him, the Estate Officer (Housing), Greater Mohali Area Development Authority, Mohali, has issued him a show cause notice dated 7.2.2011/16.2.2011 (Annexure P-5) giving rise to these proceedings.
The petitioner's case appears to be that he has already applied on 6.5.2006 to the Deputy Commissioner-cum-District Magistrate, SAS Nagar Mohali for issuance of the Red Card to him. However, no decision on the said application has been taken by the Deputy Commissioner, SAS C.W.P.No.4879 of 2011 2 Nagar Mohali and meanwhile, the impugned show cause notice has been issued.
The petitioner relies upon various documents in order to show that he was resident of H.No.206/202, Gandhi Nagar, Gali No.3, Jamuna Par, New Delhi and had to flee from there due to 1984 Anti-Sikh Riots.
Having heard learned counsel for the petitioner and on perusal of the documents on record, it is apparent that the respondent-authorities ought to have firstly determine the claim of the petitioner for the issuance of Red Card and then only take a decision as to whether or not the alleged unauthorized possession of the petitioner of the flat in dispute deserves to be regularized.
The above-stated plea can very well be taken by the petitioner in his reply to the impugned show cause notice also. However, in order to obviate the hardship that may unnecessarily be faced by the petitioner, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner, SAS Nagar Mohali to consider the application of the petitioner for the issuance of Red Card in the light of various documents relied upon by him in support of his claim that he is a 1984 Anti-Sikh Riots victim. The petitioner would also submit a separate reply to the Greater Mohali Area Development Authority (GMADA) alongwith the relevant documents as well as the copy of the application which has already given to the Deputy Commissioner, SAS Nagar Mohali for issuance of the Red Card. On receipt of the petitioner's reply within a period of one week from the date of receiving a certified copy of this order, C.W.P.No.4879 of 2011 3 the Estate Officer (Housing), Greater Mohali Area Development Authority, Mohali is directed not to dispossess the petitioner from the flat in dispute till his claim regarding issuance of Red Card is decided by the Deputy Commissioner, SAS Nagar, Mohali.
Ordered accordingly.
Dasti.
March 17, 2011 (SURYA KANT) Mohinder JUDGE