Association of Riots affected Sikh Migrants Society v. State of Punjab
2004-04-02
HEMANT GUPTA
body2004
DigiLaw.ai
JUDGMENT Hemant Gupta, J. - The petitioners have invoked writ jurisdiction of this Court claiming a writ of certiorari for issuance of a policy for allotment of Housing Board Accommodation on concessional rates in all districts including the district of Amritsar and also for issuance of a writ of mandamus directing the State Government to provide accommodation in Housing Board Flats to the petitioners on concessional rates of allotment. 2. The petitioner No. 1 is a Co-operative Society registered under the Punjab Co-operative Societies Act, 1961 whereas the other petitioners are its representatives. 3. After the assassination of late Prime Minister Smt. Indira Gandhi on 31.10.1984, there were widespread riots all over India. A large number of persons of minority community of Sikhs were the victims of mass genocide and lost their source of livelihood. Such unfortunate victims had to shift to the State of Punjab with meagre belongings due to disturbed circumstances. Punjab Government registered such migrants and issued identity cards to these migrants named as Red Cards after verifying extent of damages suffered by them. 4. One of the steps taken by the State Government to rehabilitate the migrants from other States was to allot LIG houses. The Cabinet Sub-Committee in its meeting 21.11.1985 has resolved that all such migrants widows and destitudes i.e. who have no earning member and those are physically disabled may be given LIG houses free of costs. Other Sikh migrants families should be allowed to purchase LIG houses on fixed price. Two years moratorium period shall be allowed before the recovery of instalments. The period of recovery shall be 25 years and the interest rate shall be 4.5 per cent per annum. In pursuance of such decision of Cabinet Sub-committee, the State Government issued policy instructions for the resettlement of Sikhs migrants family on 24.12.1985. 5. Subsequently, on 19.3.1990 under the Chairmanship of Governor of Punjab, a meeting was held to review the packages of relief available to the different categories wherein the facility of allotment of LIG Houses free of costs was ordered to be discontinued whereas allotment of LIG houses on concessional rates shall also denied to discontinue but it was resolved that LIG houses shall be available on reserved price on normal terms and conditions. Two per cent LIG houses were decided to be reserved for all the eligible persons for this category.
Two per cent LIG houses were decided to be reserved for all the eligible persons for this category. Still in another meeting held on 21.1.1991 under the Chairmanship of Governor of Punjab, issue regarding the allotment of flats under unauthorised occupation of Hindu and Sikh migrants families at Ludhiana, Mohali and Pathankot were taken up. It was decided that unauthorised occupants of MIG houses will be allotted the Housing Board houses on same terms and conditions as in the cases of LIG houses. However, a sum of Rs. 33,000/- in respect of MIG houses occupants will be recovered on concessional terms and balance amount of Rs. 47,000/- will be recovered on normal terms and conditions. 6. The petitioners have been allotted houses on hire purchase basis under LIG Scheme at Amritsar in the year 1992. The grievance of the petitioners is that the concessions extended in respect of the houses allotted at Mohali, Ludhiana and Pathankot should also be extended to the petitioners. It is alleged that the respondents cannot discriminate between the persons falling one of the same category. 7. In the written statement filed, the respondents have taken a preliminary objection that the petitioners have filed earlier writ petition which was withdrawn on 15.11.1994 to file a representation to the State Government to allot flats at Amritsar under the same terms and conditions as of the migrants of Mohali, Ludhiana and Pathankot. Since the petitioners have not sought any permission to invoke the jurisdiction of this court on the same cause of action, therefore, the present writ petition is not maintainable. It has further been stated that the President of the petitioner society has agreed to pay the whole costs of the house-flat in monthly instalments of 13 years vide communication dated 6.3.1991 copy of which has been attached as Annexure R.2. It has further been alleged that all the allottees in their individual capacity have signed the hire purchase agreement wherein they have agreed to pay the total costs of the houses in 13 years monthly instalments of Rs. 675/- each. Thus, all the petitioners have given their consent collectively as well as individually to the terms of the allotment thus the petitioners are now estopped from challenging the same before this court. 8. I have heard the learned counsel for the parties and with their assistance have gone through the records of the case as well.
675/- each. Thus, all the petitioners have given their consent collectively as well as individually to the terms of the allotment thus the petitioners are now estopped from challenging the same before this court. 8. I have heard the learned counsel for the parties and with their assistance have gone through the records of the case as well. 9. It is not disputed that the earlier policy was framed on 24.12.1985 in pursuance of the decision of Cabinet Committee dated 11.10.1985 wherein the instalment in respect of LIG houses was to be recovered in 25 years with interest at the rate of 4.5 per cent after providing two years moratorium period. However, such policy has been decided to be discontinued on 19.3.1990. The house/flats have been allotted to the petitioners after the old policy of allotment of LIG houses on concessional rates was decided to discontinue. 10. In view of the decision taken in the meeting held on 19.3.1990, two per cent of the LIG houses have been reserved for the Sikh migrants. Such allotment is required to be done on the normal terms and conditions. Houses have been allotted to the petitioners on the normal terms and conditions as applicable to LIG houses. The petitioners have also executed hire purchase agreements accepting such allotment conditions. It is too late for them to dispute the terms of contract entered upon them merely on the ground that some concessions have been given to Sikh migrants of Mohali, Ludhiana and Pathankot. 11. The argument raised by the learned counsel for the petitioners that the petitioners are entitled to same treatment in respect of payment of instalments as given to the allotteres at Mohali, Ludhiana and Pathankot is not justified. It is on record that 1568 houses were occupied by Sikh migrants in these three cities unauthorisedly. Since a large number of houses were in authorised occupation for many years, the Government decided to come out with one time settlement scheme by extending concession to such occupants in the matter of payment of instalments. The said concessions cannot be claimed by the petitioner as a matter or right. Such concessions were extended in peculiar situation. Therefore, the petitioners have no legal right to claim the same conditions of allotment as were made applicable to the unauthorised occupants of the houses at Mohali, Pathankot and Ludhiana. 12.
The said concessions cannot be claimed by the petitioner as a matter or right. Such concessions were extended in peculiar situation. Therefore, the petitioners have no legal right to claim the same conditions of allotment as were made applicable to the unauthorised occupants of the houses at Mohali, Pathankot and Ludhiana. 12. It may be mentioned that the petitioners have entered into possession of the house on the basis of hire purchase agreements contained terms and conditions of allotment. It is not open to the petitioners to void contractual obligations which are in turn based upon the terms and conditions of allotment of LIG houses in the State. 13. The argument raised by the learned counsel for the respondents that the writ petition is not maintainable in view of the withdrawal of earlier writ petition is not sustainable. The petitioners have made representation after the earlier writ petition was withdrawn. The said representation has been declined on 13.2.1995 vide Annexure R.4 attached with the written statement filed on behalf of the State. In view of the said fact it is open to the petitioners to invoke the writ jurisdiction of this court after the rejection of their representation. 14. In view of the finding recorded above that the LIG houses have been allotted to the members of the petitioner association in accordance with the terms and conditions applicable to the allotment of LIG houses in the State of Punjab as resolved on 19.3.1990, it is not open to the petitioners to dispute such allotment. The petitioners are also estopped to challenge the terms and conditions of allotment having executed hire purchase agreements in pursuance of the letter of allotment. Consequently, I do not find any merit in the writ petition, which is hereby dismissed. However, keeping in view the facts and circumstances of case and the fact that the members of the petitioner had not paid arrears of instalments since long, the members are granted 6 months from today to make the payment of arrears of instalments due in accordance with the law. Petition dismissed.