PARAMPRIT SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) YET another freedom fighter is before the Court to get what is his due. This freedom fighter has approached the Court not to seek any favour or honour or pension but seeks return of his own property which he lost due to the action of foreign ruler through confiscation because he fought for freedom of the country. He died fighting to get back what was his own. His son is now seeking justice through present writ petition. Seeing the attitude of the State and its functionaries, this freedom fighter must be tossing in discomfort, wherever he is. Would not he be thinking that this nation has forgotten the sacrifices made so easily to deny him or his wards what is his own.

(2.) SAMPURAN Singh, Bar at Law, father of the petitioner was an M.L.A from Lyallpur (Pakistan). He was leader of opposition during pre-partition days. He was one of the leading personalities in waging freedom struggle against the British Rule during 1930-40. He took part in Satya Greh launched by Mahatma Gandhi Ji during second world war. He also participated in Quit India movement in the year 1942. The British Government treated his activities as act of treason and confiscated 50 acres of agriculture land belonging to him and situated in Pir Mahal, District Lyallpur (Pakistan). This was byway of penalty. It was statedly a fertile land.

(3.) UNFORTUNATELY , the father of the petitioner died in the year 1958. The other family members were unaware of the communication that was in progress between the Government and father of the petitioner for restoration of the confiscated land. In the year 1979, the mother of the petitioner, while going through the old papers, came across the afore-mentioned letters. She accordingly wrote a letter dated 3.9.1979 to the Chief Minister, Punjab, for restoration of the confiscated land. Copy of this letter is also annexed with the petition as Annexure P-3. She received a response through letter No. 7(68) 5PII-79/6072, dated 29.5.1980, copy of which is at Annexure P-4. Mother of the petitioner was requested to intimate if any claim for compensation in lieu of confiscated property was made by her latehusb and or by her upto 15.12.1973, which was stated to be the last date of submission of such applications. If it was so, she was asked to supply copies of the relevant documents duly attested for taking further action. In response, the mother of the petitioner informed the Government that her husband had made a claim in this behalf on 11.12.1948, much before the last date i.e. 15.12.1973. She also enclosed with the application, a photostat copy of the letter received from the Chief Secretary, Government of Punjab, dated 18.7.1958,confirming the receipt of complaint. She further pointed out that her husband died soon after this development in the year 1958.