PARTAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in both these writ petitions under Article 226 of the Constitution of India seek the same prayer i.e., for a direction to the respondents i.e., the Government of NCT of Delhi and the Union of India to pay and release to the petitioners rehabilitation grant of ex-gratia at the rate of Rs. 2 lacs per family, along with interest, on account of delay, in terms of notification no. U13018/46/2005-DELHI-I(NC) dated 16.01.2006 issued by the Union of India.

(2.) The petitioners claim that they were residents of Delhi when the communal riots in the wake of assassination of late Prime Minister Smt Indira Gandhi broke out in the year 1984. The petitioners claim that they migrated to Punjab in the wake of the said riots and they were issued red cards by the State of Punjab which evidences the fact that they started residing in Punjab. According to the petitioners, they continued to live in Punjab for several years and when the situation normalized in Delhi after few years (i.e., four years) they returned back to Delhi and started living in Delhi.

(3.) Pursuant to Justice Nanavati Commission Enquiry Report which went into the 1984 riots, the Government of India issued the aforesaid decision dated 16.01.2006 on the subject of sanction of rehabilitation package to provide relief to victims of 1984 riots. This communication was addressed to various affected States, primarily in North India. The said communication conveyed the decision of the Government of India to sanction ex-gratia amount and other assistance to the victims of 1984 riots. Twelve different kinds of ex-gratia payments and other assistance were provided in the said policy decision. Clause 12 of the first paragraph is what is relevant for the purpose of the present petition, and the same reads as follows:-