Punjab-Haryana High Court
Jagpal Singh And Another vs State Of Punjab And Others on 20 May, 2011
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P.No.9033 of 2011
Date of Decision:- 20.05.2011
Jagpal Singh and another ....Petitioner(s)
vs.
State of Punjab and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Bhupinder Bazga, Advocate for
Mr.Mansul Ali, Advocate,
for the petitioners.
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AUGUSTINE GEORGE MASIH, J. (Oral)
It is the contention of the petitioners that they are 1984 Sikh riot victims and in support of this, they have placed on record the red identity cards of Sikh migrant families issued by the Deputy Commissioner, SAS Nagar, Mohali, which has been placed on record as Annexures P-1 and P-2 respectively.
It is their contention that as per the Scheme floated by the State of Punjab and thereafter the policy decisions thereon, persons similar to the petitioners who are in unauthorized and illegal possession of LIG and MIG flats in Mohali were entitled to the regularization of the possession of those flats.
Claiming the benefit of the said policy decision, petitioners have submitted a representation dated 13.12.2009 (Annexure P-3) to the Greater Mohali Area Development Authority (GMADA), SAS Nagar, Mohali-respondent No.3 but no decision thereon has been taken. C.W.P.No.9033 of 2011 -2- Petitioners have further placed reliance upon a judgment of this Court in CWP No.16345 of 2009 titled as Kuljit Singh and others vs. State of Punjab and another, decided on 14.9.2010 (Annexure P-5) wherein this Court in cases of similarly placed persons had issued certain directions with regard to the finalization of their right as per the policy. This judgment was challenged in LPA No.260 of 2011 titled as The Greater Mohali Area Development Authority, Mohali vs. Kuljit Singh and others, which was decided by this Court vide order dated 15.2.2011 (Annexure P-6). On the basis of these two judgments also, prayer has been made that the claim of the petitioners be considered and decided and their representation be disposed of.
On hearing counsel for the petitioners, the present writ petition is disposed of with a direction to respondent No.3-Greater Mohali Area Development Authority to consider the claim of the petitioners, if already not considered, and as claimed by them in their representation dated 31.12.2009 and pass a speaking order, if already not passed and convey the same to the petitioners. While doing so, the orders dated 14.9.2010 and 15.2.2011 passed by this Court in CWP No.16345 of 2009 and LPA No.260 of 2011 respectively shall also be taken into consideration.
May 20, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE