IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.1531 of 2010 Date of Decision:- 19.04.2011 Harbans Singh and others ....Petitioner(s) vs. State of Punjab and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.G.C.Dhuriwala, Advocate, for the petitioners. Ms.Monica Chhibber Sharma, DAG, Punjab. Mr.H.S.Brar, Advocate, for respondents No.4 to 6. *** AUGUSTINE GEORGE MASIH, J. (Oral) Earlier CWP No.12427 of 1993 Harcharan Singh and 87 others vs. State of Punjab and others was filed in this Court claiming themselves to be 1984 riot victims and on that basis, claim was made by them that they were entitled to allotment of sites. It was pleaded by the petitioners that similarly situated persons who were 1984 riot affected persons have also been granted the similar relief. On consideration of the submission made by the counsel for the parties, the said writ petition was disposed of by this Court vide order dated 4.8.2006, the operative part whereof reads as follows:- “At the outset, the learned counsel appearing for the petitioners states that the present writ petition be disposed of with a liberty to the petitioners to file C.W.P. No.1531 of 2010 -2- individual details and comprehensive representations before the Deputy Commissioner, Mohali, appending all the relevant documents in support of their claim, within a period of four weeks from the date of certified copy of this order is received. On receipt of the aforesaid representations, the Deputy Commissioner, Mohali shall look into the pleas raised by the petitioners and keeping in view the various policies issued by the Central Government/State government with regard to 1984 riot affected persons, shall take further appropriate action, in accordance with law, by passing a detailed and speaking order within a period of four months of the receipt of representations.” In compliance with the directions issued by this Court, petitioners made a representation to the Deputy Commissioner, Mohali, The said representation was not decided within the stipulated period, however, the representation finally came to be decided by an order dated 22.12.2009 passed by the Secretary, Government of Punjab, Housing and Urban Development, Chandigarh, wherein the claim of the petitioners was primarily rejected on the ground that as per the State Government letter No.8754 dated 3.11.2008, the petitioners would not be entitled to the claim as made by them in their representation. This order has been challenged by the 22 petitioners of the original writ petition i.e. C.W.P.No.12427 of 1993 whose claim has been rejected. C.W.P. No.1531 of 2010 -3- Counsel for the petitioner puts-forth a simple contention that the Deputy Commissioner was directed to decide the representation of the petitioner as per the various policies issued by the Central Government and the State Government with regard to the 1984 riot affected persons which were effective or issued before 4.8.2006 as that was the date on which the order was passed by this Court. The subsequent policy/letter of the year 2008 taken into consideration by the respondent-State for rejecting the claim of the petitioners is not in accordance with the order passed by the High Court and, therefore, cannot be sustained. He further prays that a direction be now issued to the Chief Administrator, GMADA, to consider the claims of the petitioners in accordance with the policies which were prevalent or were issued prior to the date of decision of the writ petition by this Court i.e. on 4.8.2006. The petitioners would file a detailed representation putting-forth their claim on the basis of the instructions/policies which they intend to rely upon in support of their claim which may be considered and decided by the Chief Administrator, GMADA within a specified period. Counsel for respondent No.4-Chief Administrator, GMADA, could not give any plausible reasons or justification for not accepting the assertion made by the counsel for the petitioners which appears to be reasonable and justified. Accordingly, the order dated 22.12.2009 (Annexure P-13) is set aside. This petition is disposed of with liberty to the petitioners to make the representation as stated by their counsel within a period of four weeks from the date of receipt of certified copy of this order C.W.P. No.1531 of 2010 -4- which shall be duly considered and decided by the Chief Administrator, GMADA, within a period of four months thereafter in the light of the order dated 4.8.2006 passed by this Court in C.W.P.No.12427 of 1993 Harcharan Singh and others vs. State of Punjab and others. The claim of the petitioners be considered in accordance with the policies issued prior to the date of decision of the above writ i.e. 4.8.2006. The decision so taken shall be conveyed to the petitioners and in case they are held entitled to the benefit, the follow up action be taken forthwith. April 19, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE