Manjeet Singh vs Union Of India & Others
2009 Latest Caselaw 3003 Del

8.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 6313/2007

                                       Date of decision: 4th August, 2009

       MANJEET SINGH                            ..... Petitioner
                          Through Ms. Rina Sarkar, Advocate.

                     versus

       UNION OF INDIA & ORS                    ..... Respondents
                       Through Mr. Sanjay Katyal & Mr. Ram Gupta,
                       Advocates for UOI.
                       Ms. Jyoti Singh, Advocate for respondent-GNCTD.
                       Ms. Usha Saxena, Advocate for Mr. O.P. Saxena,
                       Advocate for respondent No. 4-Slum and JJ
                       Department, MCD.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

       1. Whether Reporters of local papers may be
       allowed to see the judgment?
       2. To be referred to the Reporter or not ?
       3. Whether the judgment should be reported
       in the Digest ?

                                 ORDER

%

1. The petitioner, Mr. Manjeet Singh, claims that he is a 1984 riot

victim and is entitled to compensation of Rs.60,000/- on account of

damage caused to his accommodation and household articles in the village

Johripur.

2. Government of NCT of Delhi in their counter affidavit have stated

that the petitioner had made an application for allotment of

accommodation as a 1984 riot victim in the year 2004. The said W.P. (C) No. 6313/2007 Page 1 application was considered but was rejected as scheme for allotment of

alternative accommodation was not in operation at that belated stage.

3. Learned counsel for the petitioner submits that the petitioner had

made a complaint to the police on 12th November, 1984 and had obtained

a letter from the village Pradhan dated 31st May, 1986. She further states

that one Mr. Dula Singh, who was residing in the same property was

allotted a house in Madipur in 1994.

4. During the course of hearing, learned counsel for the petitioner

admits that Mr. Dula Singh is the father of the petitioner and he was

allotted a house as a 1984 riot victim in 1994. The petitioner apparently

had not taken any steps from 1984 till 2004, when he made a request for

accommodation and compensation. The time gap between 1984 till 2004

is 20 years. It is not possible to verify the facts and the allegation that the

petitioner had suffered loss/damage in 1984. The father of the petitioner

admittedly received compensation and was also given an alternative

accommodation in 1994 and the petitioner was aware of the said fact. It

is not understandable why the petitioner did not, at least in 1994, stake his

claim and had kept quiet till 2004. The petitioner is certainly entitled to

compensation if he is a 1984 riot victim but the question in the present

case is whether he was a 1984 victim or not and whether the said claim is

genuine. I may note here that the petitioner has not disclosed the fact

that Mr. Dula Singh is his father in the writ petition. The petitioner claims

W.P. (C) No. 6313/2007 Page 2 that he was a tenant in the same building but in a separate portion where

his father was residing as a tenant in 1984. No document or proof

independent tenancy has been filed.

5. In view of the aforesaid facts, I do not think any relief can be

granted to the petitioner at this stage in view of the time gap and delay of

20 years.

The writ petition is accordingly dismissed.

SANJIV KHANNA, J.

       AUGUST 04, 2009
       VKR




W.P. (C) No. 6313/2007                                                Page 3