LUDHIANA SIKH MIGRANTS WELFARE BOARD AND ORS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2011-12-327
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 13,2011

LUDHIANA SIKH MIGRANTS WELFARE BOARD AND ORS Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) This order shall dispose of Civil Writ Petition Nos. 21924 and 22320 of 2011 as the issues involved in these cases are common in nature. For sake of brevity, we extract the facts from Civil Writ Petition No. 21924 of 2011 purported to have been filed in public interest, inter-alia, seeking quashing of the public notice dated 19.11.2011 (Annexure P-5), issued by the Deputy Commissioner, Ludhiana, regarding finalization of a list of 400 individuals and families who are found to be the 'lawful claimants' for allotment of LIG/MIG group houses constructed for the victims of Anti-Sikh Riots of 1984.
(2.) The petitioner-Ludhiana Sikh Migrants Welfare Board (Regd.) alleges that the above stated public notice is a device to regularize illegal occupancy by the occupants/dwellers at the behest of influential people and at the cost of genuine victims who are still awaiting such allotments. The petitioner-board has further averred that some of the illegal occupants have already been allotted dwelling units by the respondent-authorities and instead of shifting them to the allotted LIG/MIG houses, efforts are being made to regularize their illegal occupation over the flats in question, though, these flats are to be allotted to those riot victims who have not been granted any concessional relief so far in terms of the Government policy formulated in the year 2000. According to the petitioner-board, there were 1632 applicants who being riot victims had applied for allotment in the Ludhiana City out of whom approximately 1100 were found to be eligible. However, instead of these identified genuine riot victims those who have already availed benefits and are also illegally occupying one or the other flat, are sought to be rewarded under the impugned public notice.
(3.) The petitioner's prayer is opposed by one Najar Singh son of Mull Singh, who claims to be a riot victim himself, has sought his impleadment as respondent No. 6, as according to him, the process initiated by the Deputy Commissioner, Ludhiana deserves to culminate into the actual allotment of flats to the identified riotvictims keeping in view the directions issued by a Division Bench of this Court vide order dated 15.02.2011 in Civil Writ Petition No. 18227 of 2010 (Manjit Singh and others V. State of Punjab and others). The petitioner-board on the other hand relies upon another decision of the even date passed by the same Division Bench in Letters Patent Appeal No. 260 of 2011 (Greater Mohali Area Development Authority V. Kuljit Singh and others) and other connected appeals.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.