HARBINDER SINGH BAIDWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition under Art. 226 of the Constitution of India has been filed in the nature of Public Interest Litigation seeking the following main relief:-

(2.) In exercise of the powers conferred by Sec. 18 of the Punjab Package Deal Properties (Disposal) Act, 1976 (hereinafter referred to as the Act of 1976), the State Government framed Rules known as Punjab Package Deal Properties (Disposal) Rules, 1976 (hereinafter referred to as the Rules of 1976). Rule 4 of the said Rules, as it originally stood, contained a provision for allotment of urban as well as rural land in favour of widows/other dependents of personnel's of armed forces, BSF etc., who are permanent residents of the State of Punjab and were killed in Chinese aggression of 1962, Pakistan aggression of 1965 and Indo-Pakistan conflict of 1971 and such armed personnel's who have permanently become disabled.

(3.) A press note issued by Punjab Government calling applications from war widows in 1971 India-Pak war for allotment up to 10 acres of agricultural land under the beneficial scheme. The last date of making the applications in response to the public notice was prescribed as 27.01.1976. The applications made within the cutoff date were processed and most of the eligible applicants were either allotted rural agricultural land or were granted cash equivalent in lieu of such land. Subsequently, the State Government vide notification dated 24.12.2010 No.GSR 43/P.A.21/1976/S.18/Amd. (11)/2010, amended Rule 4 of the Rules of 1976 and substituted it by the following Rule:-