Punjab-Haryana High Court
Gurdan Singh vs State Of Punjab & Ors on 18 January, 2016
Bench: Surya Kant, P.B. Bajanthri
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.940 of 2016 (O&M)
Date of Decision: 18.01.2016
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Gurdan Singh ... Petitioner
VS.
State of Punjab & Ors. ... Respondents
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CORAM: HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR.JUSTICE P.B. BAJANTHRI
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Present: Mr. Munish Gupta, Advocate for the petitioner
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SURYA KANT, J. (Oral)
(1) The instant writ petition has been filed by the petitioner seeking a direction for allotment of booth site on the plea that he is a victim of 1984-anti-Sikh riots and is entitled to such allotment under various Government Polices. (2) In the light of the decisions of this Court in CWP No.16345 of 2009 (Kuljit Singh and others versus State of Punjab and another) as also the order dated 15.2.2011 passed in LPA No.260 of 2011 (The Greater Mohali Area Development Authority versus Kuljit Singh and others), needless to say that firstly the respondent-authorities are required to determine whether the petitioner is a bona fide riot- affected person and whether any Red-Card has been issued to him in recognition of such status? The second issue that would arise for determination is whether any such benefit, namely, allotment of residential or commercial site, has been extended to the V.VISHAL 2016.01.27 14:38 I attest to the accuracy and authenticity of this document CWP No.940 of 2016 -2- petitioner or his family at a concessional rate in accordance with the Government Policies - they being the riot-affected person? Suffice to observe that if the petitioner is a riot-victim and no benefit under the Government Policies, referred to by this Court in the above-cited decisions has been granted to him, it is imperative upon the authorities to consider such claim in a time bound manner.
(3) We thus dispose of this writ petition with a direction to the Deputy Commissioner, SAS Nagar, Mohali to determine the petitioner's entitlement in the light of the above-cited decisions and take an appropriate decision in accordance with law and Government Policies, within a period of four months from the date of receiving a certified copy of this order.
(4) Ordered accordingly. Dasti.
(Surya Kant)
Judge
18.01.2016
18.01.2016 (P.
(P.B. Bajanthri)
vishal shonkar
Judge
V.VISHAL
2016.01.27 14:38
I attest to the accuracy and
authenticity of this document