Punjab-Haryana High Court
Satpal Singh & Ors vs State Of Punjab & Ors on 10 July, 2012
Author: Surya Kant
Bench: Surya Kant
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CWP No.7178 of 2011 (O&M)
Date of Decision: 10.07.2012
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Satpal Singh & Ors. . . . . Petitioners
VS.
State of Punjab & Ors. . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR. JUSTICE R.P. NAGRATH
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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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Present: Mr. BS Guliani, Advocate for the petitioners
Ms. Monica Chhibber Sharma, DAG Punjab
Mr. RS Khosla, Advocate for respondent No.3
Mr. Mansur Ali, Advocate for respondents No.5,6&8
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SURYA KANT, J. (ORAL)
(1). The petitioners seek a mandamus to direct the official respondents No.1 to 4 comprising the State of Punjab, its District Administration and the Greater Ludhiana Area Development Authority to deliver vacant possession of the LIG flats allotted to them, they being the victims of 1984 anti-Sikh riots.
(2). The case of the petitioners is that indisputably they are victims of 1984 anti-Sikh riots and Red Cards to this effect have also been issued in their favour by the Deputy Commissioner, Ludhiana. The petitioners aver that the Punjab Government as well as the Central Government have framed various rehabilitation policies including the CWP No.7178 of 2011.doc -2- allotment of residential flats to the riot victims and in terms thereof, 85 LIG flats on Dhungri Road, Ludhiana were reserved for such riot victims. It is their case that as per the survey conducted by the respondent-authorities on 12.08.2010, the petitioners were found to be residing in Ludhiana and have consequently been held eligible for allotment of above-mentioned flats. The GLADA thereafter issued allotment letters dated 03.01.2011 to 07.03.2011 (Annexure P4 to P9) allotting the above- mentioned flats to the petitioners. However, before the petitioners could take physical possession of the flats, private respondents No.5 to 10 along with 13 other persons who also claimed themselves to be the victims of the 1984 anti-Sikh riots, forcibly occupied the above-mentioned flats and refused to vacate the same. The petitioners' case is that the official respondents despite repeated representations have failed to get their flats vacated from the private respondents leaving them with no option but to approach this Court.
(3). The official respondents including GLADA have filed their replies/affidavits. Some of the private respondents have also filed their replies.
(4). The Deputy Commissioner, Ludhiana or GLADA in their respective replies/affidavits have admitted the above- CWP No.7178 of 2011.doc -3- noticed facts maintaining that the petitioners are bona fide riot victims to whom the subject flats have been allotted. They have also expressed their helplessness in delivering possession of the flats which are stated to be unauthorisedly occupied by the private respondents. (5). The private respondents on the other hand claim that they too are 1984 anti-Sikh riot victims and are therefore entitled to the allotment of these flats. They contend that under some of the Policies framed by the State Government, the unauthorized or forcible possession of the flats by the riot victims has been regularised and following those policies and principles, their possession must also be regularised and the subject flats be allotted to them. (6). Learned counsel representing different official-
respondents, however, have disputed the claim of private respondents. It is maintained that the 'status' of the private respondents as victims of 1984 anti-Sikh riots is yet to be determined by the competent authority. (7). We have heard learned counsel for the parties at some length and gone through the record.
(8). Since the petitioner's claim being victims of 1984 anti-Sikh riots or their entitlement for allotment of the subject LIG flats under the Government policies is not under clouds and they have got the flats allotted in a lawful manner, we find no rhyme or reason for the District Administration to CWP No.7178 of 2011.doc -4- express its inability in delivering physical possession of the flats allotted to the petitioners. No one including the riot victims is above law nor any other person whosoever he may be can be allowed to take law in his hands. The positive stand taken by the official respondents coupled with the candid admission made by the private respondents establish, in no uncertain terms, that the latter have taken physical possession of the flats forcibly and unauthorisedly. That being so, it was imperative upon the Authorities of the District Administration to swing into action and protect the public properties from such misuse and ensure smooth delivery of the flats to the lawful allottees. We, accordingly, direct the Deputy Commissioner and the Commissioner of Police, Ludhiana to proceed in the matter in accordance with law forthwith and ensure that the unauthorized possession is removed and the vacant flats are delivered to those who have been found entitled to and eligible for allotment as per the Government policies. In case of any resistance shown by any unauthorised occupant(s), needless to say that the law must take its own course. No sympathy or vague mitigating circumstances should be allowed to run the writ contrary to the Rule of Law. The needful shall be done as early as possible but, in no circumstances, beyond two CWP No.7178 of 2011.doc -5- months from the date of receipt of a certified copy of this order.
(9). The above-stated directions, however, in no way, shall cause prejudice or affect the rights of the private respondents and/or other unauthorized occupants in case their claim as the victims of 1984 anti-Sikh riots is found to be genuine. In other words, the respondent-Authorities shall be fully obligated to determine the status of the private respondents and/or other alleged 1984 anti-Sikh riot victims and if it is found that they too are genuine and bona fide 1984 anti-Sikh riot victims, suitable steps for their rehabilitation and to extend the benefits flowing from different Government policies including allotment of dwelling units (other than the flats in dispute) shall be taken at the earliest. While determining the status of the private respondents, we direct that the directions issued by this Court in Ludhiana Sikh Migrants Welfare Board (Regd.) v. State of Punjab & Ors. (CWP No.21924 of 2011) decided on 13.12.2011 be strictly followed. The delay or elasticity in this regard on the part of the official respondents including GLADA and District Administration, would be viewed seriously besides it will give cause of action to the private respondents and/or other occupants to approach this Court by way of appropriate CWP No.7178 of 2011.doc -6- proceedings. The aforesaid directions for determination of status of the private respondents or other victims or for the grant of necessary benefits as per the Government policies to them shall be complied with within a period of four months from the date of receipt of a certified copy of this order.
(10). With these observations and directions, the writ petition stands disposed of.
(11). Let a dasti copy of this order be handed over to Ms. Monica Chhibber Sharma, learned DAG Punjab for information and necessary compliance.
(12). Dasti.
(SURYA KANT)
Judge
10.07.2012
vishal shonkar
(R.P. NAGRATH)
Judge