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, Advocate for the petitioner. Mr. Jaskirat Singh Sidhu, Senior Additional Advocate 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 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. i.e. 11.7.2012, the following

Civil Writ Petition No. 22860 of 2011

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

Civil Writ Petition No. 22860 of 2011

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, 2012 DK