ARVIND SHARMA Vs. GOVT. OF NCT DELHI

JUDGEMENT

(1.) THE case of the petitioner is that his father late Shri Kasturi Lal along with his family members migrated from Punjab to Delhi sometime in the year 1990, reported to the Residential Commissioner, Government of Punjab at Punjabi Bhawan, New Delhi on 26.03.1990 and submitted his ration card to the office in-charge of Deputy Commissioner, Delhi. This is also his case that late Shri Kasturi Lal along with his family members, including the petitioner started living in a camp meant for Punjab migrants at Peeragarhi. On 26.06.1991, he expired at Rohtash Nagar, Shahdara where he had been brought by his daughter for treatment. The temporary camps meant for Punjab migrants are stated to have been demolished on 26.07.2001 and since then the petitioner claims to be residing at C-240, Peeragarhi Camp along with his family members.

(2.) PURSUANT to certain directions, issued by Supreme Court in W.P. (C) No. 272-683/1990 (Om Prakash vs. Union of India) and W.P.(C) No. 855-1213/1990 (Tek Chand vs. Union of India), Delhi Development Authority came out with Housing Scheme for Rehabilitation of Punjab migrants. Pursuant to an order dated 27.07.2006 passed by this Court in W.P.(C) No. 13741/2004 filed by Punjab Migrants Welfare Association against Government of NCT of Delhi and DDA, giving one last opportunity for verification of those who claimed to be Punjab migrants eligible under the aforesaid scheme, but were not able to establish their eligibility, through SDM, Punjabi Bagh, the petitioner also staked his claim for an allotment under the said scheme. The claim of the petitioner was rejected by SDM, Punjabi Bagh, after considering the evidence produced by him in support of his claim of being eligible under the said scheme. During verification, the SDM found that the name of the petitioner did not figure in any of the approved relief lists of Punjab migrants eligible for re-allocation under the aforesaid scheme. The said lists were prepared by the Government, after physically verifying the state of the migrants in Peeragarhi and Jawala Puri camps. Holding that since the petitioner was not staying in the relief camps at the time of preparation of the said relief lists, the SDM declared him not eligible for re-allocation.

(3.) A perusal of Scheme notified by DDA for Rehabilitation of Punjab Migrants would show that the applicant was required to be a person from a family who had migrated from Punjab and was staying in the designated seven refugee camps. It was further stipulated in the Scheme that the aforesaid stay in any of the designated seven refugee camp should be certified by the Deputy Commissioner of the concerned District in which the camp of the application is situated.