SURENDER SINGH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed by the petitioners who have submitted that they are the sons of deceased Sardar Pal Singh. It has been submitted that Sardar Pal Singh was unfortunately assassinated in the riots after the assassination of the former Prime Minister of India Late Smt. Indira Gandhi in 1984. The petitioners have contended that their mother Smt. Prakash Kaur unfortunately expired on the 26th March, 2006. However, prior to her demise, she had submitted an application in February, 2006 with the respondents seeking award of compensation which was being awarded to victims of 1984 riots by the respondents.

(2.) The respondents have filed a counter affidavit pointing out that the amount towards ex gratia relief is being released to victims of 1984 riots only if they had already received the compensation in terms of the policy of the Government of India. The decision to this effect was taken on 5th April, 2006. The counter affidavit states that the petitioners could not be entitled to the ex gratia amount in terms of the decision dated 5th April, 2006 only for the reason that the petitioners have not received any compensation from the Government.

(3.) Mr. B.N. Prasad, learned counsel appearing for the petitioners has pointed out the fact that Sardar Pal Singh was killed in 1984 riots is supported by the allotment of Flat No. 371, G.T. Road, Shahdara, Delhi made by the Slum and JJ Department of the MCD to his widow under the policy for rehabilitation of victims of riots in 1984. It is contended that this fact by itself would entitle Smt. Prakash Kaur and the petitioners to grant of compensation as well as ex gratia relief thereof.