1984 Anti-Sikh Riots: Supreme Court Urges Punjab Govt To Consider Relief For 39 Families Unable To Prove They're Genuine Riot Victims
Gursimran Kaur Bakshi
4 Dec 2024 11:48 AM IST
The Supreme Court recently directed the Punjab State to explore the possibility of providing alternative accommodation to 39 families occupying flats in SAS Nagar Mohali Phase-XI for the last 40 years, meant for the 1984 anti-Sikh riots victims, as they do not have red cards given to identify the genuine victims of the riots.
A special leave petition has been filed claiming that 39 families have been evicted by the authorities. It is their case that they were the residents of Jahangir Puri, Delhi and had to flee from there due to the riots.
On the other hand, the authorities claim that the families are not genuine riots-affected victims but have trespassed into the premises and have been in unlawful occupation for 40 years. It is there case that there are many other genuine families of the economically weaker section group, who need shelter.
A petition was filed before the Punjab and Haryana High Court, which on February 23, 11, ordered that the petitioners shall not be dispossessed from the flat until the claims regarding the issuance of a Red Card are decided by the Deputy Commissioner, SAS Nagar, Mohali.
After this, the authorities undertook the exercise and found that the petitioners were not genuine riot-affected victims. One of the family members had filed a petition seeking quashing of the eviction notices received subsequent to their exercise of ascertaining the genuineness of the victims.
The High Court passed an order on September 26, 2017, directing the petitioners to file a comprehensive reply to the public notice asking them to vacate the house within 48 hours. Ultimately, notices of eviction were issued and the petitioners approached the Supreme Court against this. On March 19, 2018, the Court directed the authorities to maintain the status quo.
When the matter came up before a Supreme Court bench of Justices J.B. Pardiwala and R. Mahadevan, the bench noted that they have faced a "very peculiar problem" wherein on one hand, the petitioners have no legal right to continue occupying the premises. But they have been in possession for almost now 40 years.
It was conceded that the families were put into possession at the relevant point of time by the local MLAs.
Considering the peculiarity, the Court found it suitable to direct the respondents to search for the feasibility of providing alternative accommodation. It also found that in 2018, the Government floated a rehabilitation scheme under which the petitioners were asked to apply for allotment of small booths. Only 3 families had applied for the scheme.
At the same time, the Court asked if the respondents could also explore the possibility of providing accommodation to families belonging to the EWS category in any other premises within Mohali and the adjoining areas.
It further ordered: "We would also like to know from the authorities whether it is feasible to regularise the occupation of the petitioners in the premises subject to certain terms and conditions like outright sale after determining a reasonable price or something like that."
Case Details: Harbhajan Singh (Dead) & Ors v. The State of Punjab & Ors., SLP (C) 9948/2018
