Punjab-Haryana High Court
Joginder Singh And Others vs State Of Punjab And Others on 4 October, 2012
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.19756 of 2012
Date of Decision : October 04, 2012
Joginder Singh and others .....Petitioners
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.Ashwani Gaur, Advocate, for the petitioners.
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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 petitioners are statedly victims of '1984 Anti-Sikh Riots'. Their victimization has been accepted by the Competent Authority by issuing them 'Red Cards' (Annexures P-1 to P-3). The petitioners have unauthorizedly occupied the residential flats set-up by PUDA (now GMADA) at SAS Nagar Mohali.
With reference to several Government Policies, the grievance of the petitioners is that though they are entitled for regularization of their possession over these residential flats, respondent No.3-GMADA has taken no action whatsoever despite the directions issued by this Court in the case of similarly placed riot victims. Reliance is placed on a decision by one of us (Surya Kant, J.) dated 14.9.2010 passed in Civil Writ Petition No.16345 of 2009 (Kuljit Singh and others versus State of Punjab and another) (Annexure P-5) which was upheld by the Division Bench vide order dated 15.2.2011 in LPA No.260 of 2011 (Greater Mohali Area Development Authority versus Kuljit Singh and others) (Annexure P-6). The petitioners in this regard are said to have again submitted a representation dated CWP No.19756 of 2012. [2] 15.5.2012 (Annexure P-10) to the Competent Authority, namely, respondent Nos.2 & 3. It is stated that no order rejecting or accepting the petitioners' claim has been passed by the Competent Authority so far.
In these circumstances and without expressing any views on the entitlement of the petitioners, we deem it appropriate to dispose of this writ petition with a direction to respondent Nos.2 & 3 to consider the claim of the petitioners in the light of the decision of this Court in Kuljit Singh's case (supra) and pass an appropriate order in accordance with Government policies within a period of four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dispossession of the petitioners meanwhile shall remain stayed.
Dasti.
(SURYA KANT)
JUDGE
October 04, 2012 (R.P.NAGRATH)
Mohinder JUDGE