WPPIL/143/2018
2022 Latest Caselaw 3155 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPPIL No.143 of 2018
                                  Shri Vipin Sanghi, C.J.
                                  Shri Ramesh Chandra Khulbe, J.

Mr. Bhupesh Kandpal, learned counsel for the petitioner.

Mr. A. K. Bisht, learned Additional Chief Standing Counsel for the State-respondent nos.1 to 5 and 8.

Mr. S.S. Chauhan, learned counsel for respondent no.6.

Mr. Dushyant Mainali, learned counsel for respondent no.7.

The respondent nos.5 and 8 have filed their respective affidavits stated to be in compliance of the order dated 04.08.2022 passed by this Court. However, in the affidavit of respondent no.8, there is nothing stated with regard to the compliance of judgment of the Supreme Court in Pankaj Sinha vs. Union of India, AIR 2018 SC 4297.

Respondent no.5, in his affidavit, states that an area of 23.1490 hectares, recorded in the revenue records as Khata No.731 Khasra No.542M falling in category 5 (3)(E) (agriculturable barren land), has been earmarked for the purpose of setting up shelter homes for leper patients; the proposal prepared by the District Magistrate would be sent to the Government for necessary approval; and the proposal could not be sent as, in District Haridwar, the Elections Code of Conduct is applicable due to the Panchayat Elections.

The Panchayat Elections are scheduled to be held on 26.09.2022. As soon as the Election Code ceases to apply, the respondents are directed to take further steps for allotment of the land for setting up the shelter-homes for the leper patients. The respondents should also start the process of preparing plans for setting up the shelter homes.

The policy for rehabilitation of the lepers has not been framed. The DPR should be prepared and placed on record.

Further development in this regard be brought on record by filing a supplementary affidavit by respondent no.5 before the next date, with a copy to the learned counsel for the petitioner.

Respondent no.5 should also file a better affidavit disclosing what steps are being taken to comply with the judgment of Supreme Court in Pankaj Sinha (Supra).

List on 28.11.2022.

(R.C. Khulbe, J.) (Vipin Sanghi, C.J.) 26.09.2022 BS/RB