ASHWANI KUMAR MUNJAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Allowed, as prayed for. Rejoinder filed on behalf of the petitioner is taken on record.

(2.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 23.11.2009 (Annexure P-6) passed by respondent no. 2-Claim Commissioner under the Punjab Package Deal Properties (Disposal) Act, 1976 (in short '1976 Act') whereby application moved by the petitioner for allotment of alternative land in lieu of land left in West Pakistan by Ladha Ram, predecessor-in-interest of the petitioner, has been dismissed.

(3.) Brief facts for disposal of the present petition are to the effect that late Sh. Ladha Ram, predecessor-in-interest of the petitioner was a displaced person, who had migrated from Pakistan at the time of partition of the country. Sh. Ladha Ram, during his life-time, submitted a claim before the Claim Officer and the Additional Settlement Commissioner sanctioned the claim with regard to six properties to the tune of Rs. 48,055/-. Thereafter, the petitioner's mother made a representation for the allotment of alternative site and a letter dated 18.05.1964 (Annexure P-2) was issued by the Chief Settlement Commissioner, Government of India, Rehabilitation to the petitioner's mother with regard to decision taken on her application dated 05.05.1964. Thereafter, the petitioner continued to send notices and making representations, but no action was taken. The claim of petitioner is that he is grand-son of late Sh. Ladha Ram and he is asserting a right in the property.