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In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 22860 of 2011
Date of Decision: 24.7.2012
Upneet Kaur Mangat... Petitioner
Versus
State of Punjab and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.
Hon'ble Mr. Justice Rakesh Kumar Jain.
Present: Mr. Buta Singh Bairagi, Advocatefor the petitioner.
Mr. Jaskirat Singh Sidhu, Senior AdditionalAdvocate General, Punjab, for the respondents.
Jasbir Singh, Acting Chief Justice (Oral)
This writ petition has been filed in public interest seeking
directions to the official respondents not to dismantle/demolish Bhagwan
Mahavir Kusht Ashram, housing the leprosy patients, for construction of
a road, till such time an alternative arrangement is made.
On the last date of hearing i.e. 11.7.2012, the following
directions were issued by this Court:-
The Home Secretary, Punjab, the Secretary,
Department of Irrigation, Punjab and the Deputy
Commissioner, Ludhiana, shall convene a meeting to frame a
Scheme for rehabilitation of the leprosy patients who are
housed in Mahavir Kusht Ashram at Doraha. The meeting be
convened within ten days from today and rehabilitation
scheme be put on record by the next date of hearing.
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Civil Writ Petition No. 22860 of 2011 2
In response thereto, today an affidavit of Amarjit Singh Dullet,
Chief Engineer, Canals at Chandigarh, has been filed, wherein it is
stated that in terms of the order passed by this Court, meeting under the
Chairmanship of the Principal Secretary to Government of Punjab,
Department of Home, was convened on 19.7.2012 and the following
decision was taken therein:-
the new proposed site for Mahavir Kusht Ashram, behind
Dispensary, at left site of Sirhind Canal at D/S RD 178000 was
approved in the meeting. Since this land is of Irrigation
Department, but stands transferred to Forest Department long
back, DFO, Ludhiana, explained that the land-use of this land
can be changed only after getting the approval from
Competent Authority, in accordance with the provisions of the
Forest Conservation Act, 1980. However, the Irrigation
Department will have to give some other equivalent area of
land in lieu of this land for compensatory afforestation, which
the Irrigation department agreed. The funds for the
construction of Mahavir Kusht Ashram will be provided by the
Punjab Infrastructure Development Board (PIDB), being the
nodal agency of the road 4-laning project to Social Security
Department and the alternative facility shall be created and
managed by the Social Security Department. The liaison
between the various departments shall be maintained by
Commissioner, Ludhiana. In the interest of equity and justice,
exactly same area of land will be transferred to the Social
Security Department at the new site. As explained by DFO,
Ludhiana, it will take at least three months for getting approval
from the Competent Authority for the change of land
use/transfer of land. It will take one year for construction of
this building. Since the project of 4-laning road is to be
completed within three years, inmates of Mahavir Kusht
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Civil Writ Petition No. 22860 of 2011 3
Ashram will be shifted to new building after construction of
new building and the present land will be handed over to B &
R Department thereafter. After construction of new building it
will remain under the charge of the Social Security
Department.
As per the proceedings of the meeting, it is specifically stated
that equivalent area of land shall be allotted to Mahavir Kusht Ashram
for housing leprosy patients and a new building shall also be constructed
before dismantling/shifting the Ashram to a newly allotted place.
In view of above, we dispose of this writ petition directing the
respondents to comply with the decision taken and further till such time
an alternative arrangement is made, as is also stated in the affidavit, the
existing structure shall not be demolished.
(Jasbir Singh)Acting Chief Justice
(Rakesh Kumar Jain)
Judge
July 24, 2012DK