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Lal Chand and Another v/s U.O.I. and Others

    C.W.P. No. 3384 of 1989

    Decided On, 18 July 1990

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE B.N. KIRPAL & THE HONOURABLE MR. JUSTICE YOGESHWAR DAYAL

    For the Appearing Parties : D.N. Goburdhan, Reva Khetrapal, Advocates.



Judgment Text

B.N. KIRPAL, J.


1. Rule D.B.


2. In this writ petition the claim of the petitioner is that they are migrants from Punjab and they have come from disturbed areas and they are entitled to get the benefits and other assistance from the respondents.


3. The claim of the petitioners was objected because the ration cards which

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were submitted by them were not accepted as being genuine. Thereafter the present writ petition was filed.


4. It appears that a similar question arose before the Supreme Court in Writ Petition Nos. 272-683 of 1990 entitled Om Prakash and Ors. v. Union of India where the Vacation Judge of the Supreme Court on 2nd July, 1990 passed the following order:


"The learned Additional Solicitor General points out that out of a total of 413 claimants, at present, the claim of 18 is not disputed and to them relief would be granted forthwith on the same basis as is being granted to other, similar claimants. The learned Additional Solicitor General states that the claim of the remaining claimants is disputed as their claim has not been found to be genuine. It appears that in deciding the merits of the claim a proper test has not been applied. It is, therefore, necessary that the claims of all the remaining 395 persons be re-examined on the basis of the test indicated hereafter. The identity of the claimant has to be established on the basis of material considered reasonable by the concerned authority and the material for this purpose shall not be confined only to the production of a ration card. On the identity of the claimant being established the only other thing is to be seen is whether the claimant has been migrated from an area which falls within a disturbed area notified by the Government. If the claimant is found to have migrated from such area, his claim would be treated as genuine for this purpose. This exercise be performed by an officer who is held the rank of an Additional District Judge and it be commenced from 6.7.1990 and be completed within a period of two weeks from that date. The claims of persons which are found to be genuine shall be provided the same relief as soon as the genuineness is certified by the officer. In respect of claims, if any, not found genuine, the officer shall give brief reasons for the conclusion. It would be open to the persons whose claims are ultimately rejected to move the Court, if so advised thereafter. In respect of claims, if and, of persons migrating from an area not declared to be a disturbed area, it would be open them to satisfy the authority that their migration was also occasioned by a similar situation by showing some material to that effect. The officer shall interview the head of each family for the purpose of this enquiry.


List this matter in the week commencing 23rd July, 1990."


5. The case of the petitioners being similar to that which was being dealt with by the Supreme Court, we direct that the petitioners' case should also be dealt with afresh on the same lines by the Addl. District Judge dealing with these cases for further proceedings on 26th July, 1990.


6. Our attention has also been drawn to an earlier order of the Supreme Court wherein it was stated that pending such adjudication interim assistance, if any, should be continued to be given to the claimants. We pass a similar order in the present case. If any interim assistance used to be given to the petitioners which may have been stopped since then, the same should be resumed pending disposal of the case before the Addl. District Judge.


7. Petition disposed of in the aforesaid terms
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