CWP No. 14385 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14385 of 2005(O&M) Date of decision: 4.3.2009 Ram Parkash and others ...Petitioners Versus The Union of India and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Som Nath Saini, Advocate for the petitioners in CWP Nos. 11224, 12438 and 14385 and of 2006) Mr. G.S.Nagra, Advocate for the petitioners in (in CWP Nos. 14086, 17965, 8374, 9558, 14096 and 7927 of 2006 and CWP Nos. 191, 809 and 4359 of 2007.) Mr. M.L.Saini, Advocate for the petitioner in (CWP No. 12135 of 2008) Mr. Narinder Lucky, Advocate for the petitioner(s). (in CWP No. 18014 of 2006) Mr.R.S.Chauhan, Advocate for the petitioner(s). (in CWP Nos. 2328, 12617 and 11136 of 2006) Mr. Dinesh Ghai, Advocate for the petitioner(s) (in CWP Nos. 19798 of 2005, CWP Nos. 4515, 15982, 4235, 9905, 7995, 3429, 3468, 5015, 12403, 10447 of 2006) Mr. G.S.Nagra, Advocate for the respondent Nos. 5, 7 to 10 (in CWP No. 11224 of 2006 Mr. S.K.Sharma, Advocate for respondent No. 1 in CWP No. 14385 of 2005, respondent No.4 in 4349 and 14096 of 2007, respondent No. 5 in CWP No. 3773 of 2007 and respondent No. 7 in CWP No. 4349 of 2007 Mr. Manohar Lal, Addl. A.G., Punjab. -.- CWP No. 14385 of 2005 2 ADARSH KUMAR GOEL,J. (Oral) 1. This order will dispose of CWP No. 2433 of 1985 and CWP No. 18564 of 2003 and CWP Nos. 7544, 14385 and 19798 of 2005 and CWP Nos. 1303, 2328, 3429, 3468, 4235, 4516, 7927, 7995 8374, 9558, 9905, 10447, 11136, 11224, 12159, 12403, 12438, 12617, 14086, 14096, 15982, 17378, 17758, 17965 and 18014, of 2006 and CWP Nos. 191, 809, 3773, 4349, 4359, 5015 and 14131 of 2007 and CWP Nos. 12135 of 2008 as common question of law arise in these petitions. 2. Prayer in these petitions is for direction to carry out the orders already passed under the provisions of the Disabled Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as `the Act 1954). Vide Disabled Persons Claims and Other Laws Repeal Act, 2005, the 1954 Act was repealed without a saving clause. The effect of the repeal was taken by the State of Punjab to terminate even rights which had already accrued. Thereafter the matter was re-considered by the Central Government and vide letter dated 22.9.2008, a clarification was sent to the Government of Punjab that the repeal will not affect disposal of following categories of cases and such cases will be settled under the relevant State Laws: “3.1 Unsatisfied certified claims filed under the Displaced Persons (Claims) Act, 1950, in which right has accrued or has been acquired and which were pending as on 6.9.2005, the date on which the Displaced Persons (Compensation & Rehabilitation) Act, 1954 and other related Acts were repealed. 3.2 Cases in which directions have been issued by various Courts for settlement of claims filed, confirming that an CWP No. 14385 of 2005 3 acquired or accrued right exists in favour of the claimant, under Displaced Persons (Claims) Act, 1950. 3.3 Verified claims in which full compensation has not been given so far. 3.4 Appeals and revision/review petitions filed against orders passed by the authorities prescribed under the repealed Acts which are yet to be disposed off.” 3. Learned counsel for the petitioners points out that vide order of this Court dated 10.11.2008 in CWP No. 9517 of 2008 (R.K.Suneja and another v. State of Haryana and others), this Court after considering the letter of the Central Government dated 22.9.2008 and the statement of the Advocate General, Haryana held there the matters covered by the said letter will survive. 4. Learned counsel for the State, however, has brought to our notice the Bill, namely, the Punjab Package Deal Properties (Disposal) Amendment Bill, 2009, which, inter-alia, provides for dealing with situations arising out of the repeal of the 1954 Act. 5. We are of the view that as per letter of the Central Government and order of this Court passed in R.K.Suneja and another v. State of Haryana and others (supra), proceedings in the categories of cases referred in the letter of the Central Government dated 22.9.2008 will not be deemed to have ended and will continue to survive without prejudice such other steps as may be taken by State. 6. In view of the above, Union of India will send the relevant record to the concerned Authority for further action in accordance with law. The Central Government may, accordingly, do the needful within three CWP No. 14385 of 2005 4 months from the receipt of a copy of this order. 7. The petitions will stand disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE 4.3.2009 (JITENDRA CHAUHAN) mk JUDGE