order - doraha leprosy home

7/29/2019 Order - Doraha Leprosy Home

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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

order - doraha leprosy home

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