Baldev Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 208 Civil Writ Petition No.18205 of 2014 Date of Decision: August 11, 2015 Baldev Singh ..... PETITIONER

VERSUS

State of Punjab & others ..... RESPONDENTS . . .

CORAM:

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. A.S. Syan, Advocate, for the petitioner. Mr. Rajesh Bhardwaj, Additional Advocate General, Punjab.

Mr. Harit Sharma, Advocate, for respondent No.4. . . .

Surya Kant, J (Oral) 1.

The short grievance of petitioner in this writ petition is that State of Punjab and its various housing authorities like, GLADA, GMADA etc. are allotting MIG/HIG residential flats to riot affected persons, especially, in CRPF Colony, Dugri Road, Ludhiana, even though as per the Government Policy such affected persons are entitled to allotment of LIG flats only.

AVIN KUMAR 2015.08.26 14:51 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

CWP No.18205 of 2014 [2] 2.

Heard learned counsel for parties.

3.

Since the petitioner has not impleaded those alleged riot victims to whom flats of higher size have been allotted contrary to the Government Policy, it may not be expedient or desirable for this Court to express any opinion on the merits of such allotments. There can, however, be no second opinion that the benefit under an Ex-Gratia policy must be granted within the peripheral limits of such policy and nothing beyond that. 4.

Since the petitioner is said to have represented the Chief Administrator, GLADA, Ludhiana, against some of the allotments allegedly contrary to the Government policy, we dispose of this writ petition with a direction to the Chief Administrator, GLADA, Ludhiana to take cognizance of those objections; hear the petitioner as well as those who are likely to be affected and thereafter determine whether or not every such allotment has been made in conformity with the Government policy. Needless to say that if anyone is found to have taken undue benefit beyond the Government policy, such excessive benefit can be withdrawn in accordance with law. The Chief Administrator, GLADA, Ludhiana, shall do the needful within four months from the date of receipt of copy of this order. (Surya Kant) Judge (Jaspal Singh) August 11, 2015 Judge avin AVIN KUMAR 2015.08.26 14:51 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh