A two-judge bench disposed of a writ petition where petitioner slum dwellers sought alternative housing under government yojanas. The court directed authorities to ascertain claims without adjudicating merits.
Direction to respondents to ascertain petitioners' claims and decide within four months without expressing views on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.26231 of 2014 Date of Decision: December 22, 2014
Gopi Kishan and others versus
Union of India and others
.....Petitioners
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present: Mr.Johan Kumar, Advocate, for the petitioners.
-.-
Surya Kant, J. (Oral)
The petitioners claim themselves to be residents of Gayakward Nagar, Near New Town Station, NIT, Faridabad. They allege that all of them belong to poor strata of society and are living in slums from the last about 40 years. Their hutments, however, have been demolished by the Railways authorities in the year 2013 as the land where Gayakward Nagar is located belongs to Railway Department. The petitioners now claim that since they are bonafide residents of the State of Haryana from the last about four decades and have been issued ration cards, voter cards, adhar cards etc. and since they are living below poverty line, they are entitled to allotment of alternative sites/residential units under the 'Rajiv Gandhi Awas Yojana' and 'Indira Awas Yojna'. It is their further case that while claims of other similarly placed persons have been considered but the authorities have not paid any
MOHINDER KUMAR 2014.12.24 15:01 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.26231 of 2014
[2]
heed to the representations made by the petitioners seeking the aforesaid relief.
We find from the record that the petitioners have raised the above-stated claim vide representations dated 25.07.2013 and 07.10.2013 (Annexures P-2 & P-1, respectively). We thus disposed of this writ petition, without expressing any views on merits, with a direction to respondent Nos.3 & 4 to ascertain the above-mentioned claim of the petitioners and decide the same in accordance with law/Government Policy, as early as possible and preferably within a period of four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
December 22, 2014 [RAJ MOHAN SINGH] Mohinder JUDGE
MOHINDER KUMAR 2014.12.24 15:01 I attest to the accuracy and authenticity of this document Chandigarh
Gopi Kishan and others
Union of India and others
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
