Kuljit Singh & Ors. v. State of Punjab & Anr.

Mr. HS Deol, Advocate; Mr. Ashwani Gaur, Advocate for the petitioner(s) Mr. H.S. Brar, Addl. AG Punjab Mr. Dharam Vir Sharma, Senior Advocate with Ms. Shivani Sharma & Mr. Harit Sharma, Advocates for PUDA and GMADA Mr. AK Kalsy, Advocate for Mr. Rajiv Malhotra, Advocate for respondent No.2 SURYA KANT J. (ORAL) ***** {1}. This order shall dispose of CWP Nos.15832 of 2008; 16345, 17066, 17981, 18000, 18002, 18309, 18508, 18725, 18737, 18773, 19022, 19540, 19541, 19551, 20245, 20342, 20388, 20444 & 20453 of 2009; 54, 53, 379, 1076, 1081, 1197, 1854, 1869, 2674, 2740, 3022, 3135, 3186, 3382, 3470, 6517, 6992, 7215, 8650, 14862, 15904 & 15941 of 2010 as the petitioners in these cases claim themselves to be the CWP No.16345 of 2009.doc - 2 – victims of 1984 anti-Sikh riots and have raised common issues for adjudication. {2}. The petitioners aver that they being the victims of 1984 riots have been issued Red Cards by the Government of Punjab. They are stated to be settled in SAS Nagar, Mohali. The controversy pertains to the regularization/allotment of LIG/MIG/HIG flats constructed by Punjab Urban Development Authority (PUDA) and Greater Mohali Area Development Authority (GMADA) in the SAS Nagar, Mohali which the petitioners have illegally occupied. While the petitioners seek a direction for regularization of their illegal occupation of these flats in terms of various Government policy decisions for the allotment of dwelling units to the riot-affected victims at concessional rates, the GMADA/PUDA authorities have filed their reply/affidavits explaining that the flats in dispute have already been allotted and Conveyance Deeds stand executed in favour of the general allottees to whom possession of most of these flats has also been handed over. It is alleged that the petitioners have forcibly occupied some of the flats by breaking open the locks. {3}. During the course of hearing, it has transpired that the State Government, in a meeting held on CWP No.16345 of 2009.doc - 3 –

23.12.2009 under the Chairmanship of the Chief Minister, Punjab, has taken some conscious decision for regularization of the illegal possession of the persons like the petitioners of the flats in dispute. However, in the absence of complete material on record and some of the vital factual chain of events missing, it is not expedient for this Court to confer or deprive the petitioners of the rights, if any, flowing from the said recent policy decision. Suffice it to say that the respondent-authorities need to take stock of all the governmental decisions and explore the feasibility of their implementation. {4}. In my considered view following administrative exercise need to be undertaken by the authorities which has been unfortunately overlooked or side- tracked so far:- i. The District Administration is obligated and must compile the list of identified and bona fide ‘riot- affected victims’ and see as to whether or not any Red Card has been issued to them? ii. Whether or not the petitioners are amongst the bona fide ‘riot-affected victims’? If so, have they already availed any benefit of the Government policies relied upon by them? CWP No.16345 of 2009.doc - 4 – iii. What kind of concessional assistance/help has already been availed by the identified/bona fide 1984-riots victims including other than the petitioners, who are settled in SAS Nagar, Mohali? {5}. Needless to say that if any dwelling unit/booth or other immoveable property(ies) has already been allotted to anyone of riot-affected victims on concessional rates, the respondent-authorities would be well within their right in dispossessing such beneficiary from illegally occupied flat(s) as the Government concession cannot be claimed time and again by him/them. {6}. The authorities shall also determine as to what types of flats the 1984-riot affected victims are entitled to for allotment, namely, LIG or MIG in terms of the various policy decisions taken by the State Government from time to time. {7}. It may be noticed here that vide advertisement dated

14.11.2009 (Annexure R3/12), the GMADA has already invited applications from amongst the 1984- riot victims for allotment of 87 LIG flats in terms of the decision taken by the Council of Ministers, Punjab. {8}. However, the allotment of 87 flats may not necessarily be the adequate assistance to redress the CWP No.16345 of 2009.doc - 5 – grievances of all the bona fide riots-affected persons as the actual strength of such victims has yet not been calculated by the respondents. {9}. It would, thus, be essential for the authorities firstly to determine the total strength of these ‘1984-riots- affected victims’ to whom no concessional dwelling units have been allotted so far and thereafter only to work out as to how many such units are still required to be allotted to the left out victims. {10}. It is also clarified that if there is a policy decision to allot MIG flats to the subject victims, the District Administration shall take appropriate steps to implement such policy decision and make recommendations GMADA allotment/construction of the MIG flats. However, if there is a conscious decision to allot LIG flats only, the petitioners cannot insist or claim concessional allotment of bigger-sized flats as a matter of right. In that event, they shall be required to seek allotment of LIG flats, if so advised and pursue the matter before the State Government for further concessions(s). {11}. In order to find out a satisfactory answer to the factual issues raised hereinabove, I deem it appropriate to dispose of these petitions with a direction to the Deputy Commissioner, SAS Nagar CWP No.16345 of 2009.doc - 6 – Mohali to immediately constitute a Committee who shall undertake the exercise of identification of the bona fide 1984-riots-affected victims who are still deprived of the benefits of the Government Policies. After undertaking the said exercise, the District Administration is directed to approach the GMADA/PUDA to provide adequate dwelling units of the approved size so that the basic necessity of providing at least shelter to all the 1984-riots- affected victims is adequately take care of. {12}. The District Administration shall complete the entire exercise within a period of three months from the date of receipt of a certified copy of this order. {13}. With these observations and directions, the writ petition(s) is/are disposed of. {14}. Ordered accordingly. Dasti. (SURYA KANT) JUDGE

14.09.2010 vishal shonkar