Punjab-Haryana High Court
Manjit Singh And Others vs State Of Punjab And Others on 17 November, 2012
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.22650 of 2012
Date of Decision : November 17, 2012
Manjit 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.Mansur Ali, 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 claim themselves to be victims of '1984 Anti-Sikh Riots'. Their grievance is that the Deputy Commissioner, Ludhiana, as well as the Greater Ludhiana Area Development Authority (hereinafter referred to as the 'GLADA') are not considering their claim for rehabilitation in accordance with the Government Policy referred to by this Court in order dated 14.9.2010 passed in a bunch of writ petitions including Civil Writ Petition No.16345 of 2009 (Kuljit Singh and others versus State of Punjab and another) (Annexure P-3) 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-4) only on the ground that the petitioners are no longer in unauthorized possession of the flats. The petitioners have in this regard already represented the respondent- authorities vide representation dated 22.10.2012 (Annexure P-8).
CWP No.22650 of 2012 [2]Having heard learned counsel for the petitioners, we are of the tentative opinion that if the petitioners are genuine 'riots victims' and eligible as per the Government Policy for rehabilitation benefits including allotment of dwelling units, the fact that they are no longer in unauthorized possession of the GLADA flats perse cannot be a valid ground to deny them those benefits. However, without expressing any final views on merits of the petitioners' claim at this stage moreso when we have not heard the respondents, we deem it appropriate to dispose of this writ petition with a direction to the Administrator, GLADA and Deputy Commissioner, Ludhiana, to consider the above mentioned representation said to have been submitted by the petitioners and dispose of the same by passing a speaking order in accordance with the Government policies as early as possible but not later than four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
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(SURYA KANT)
JUDGE
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November 17, 2012 (R.P.NAGRATH)
Mohinder JUDGE