1984 riots: SC asks Punjab to consider alternative accommodation for 39 families

The Supreme Court has directed the Punjab Government to consider providing alternative accommodation to 39 families occupying for the last 40 years flats in SAS Nagar Mohali Phase XI meant for the 1984 anti-Sikh riots victims after they failed to prove that they’re genuine riot victims.

“In such circumstances, we grant four weeks to the respondents to work out some modalities by which we are in a position to balance the equities. We would like to know from the respondents whether it is feasible to provide any other alternative accommodation to these 39 families or not,” a Bench led by Justice JB Pardiwala ordered.

“We have a very peculiar problem to tackle with. On one hand, the petitioners have no legal right to continue occupying the premises, but on the other, they have been in possession for almost 40 years. The exercise to ascertain the genuineness of them being riot victims has already been undertaken and it has been found that they are not genuine riot-affected families,” noted the Bench which also included Justice R Mahadevan.

The top court also sought to know if there were any other premises within Mohali and the adjoining areas wherein the genuine families belonging to the EWS category can be accommodated and posted the matter for further hearing after four weeks.

In 2018, the Government had floated a rehabilitation scheme under which the petitioners were asked to apply for allotment of small booths. However, only three of these families applied.

“We would also like to know from the authorities whether it is feasible to regularise the occupation of the petitioners in the premises subject to certain terms and conditions like outright sale after determining a reasonable price or something like that,” it said in its November 20 order.

Maintaining that they were in unlawful occupation of the premises as they did not have red cards given to identify the genuine riot victims, the state authorities submitted that they needed to be evicted and replaced by genuine families of the economically weaker section group who were in need of shelter.

The 39 families evicted by the authorities claimed that they were the residents of Jahangir Puri, Delhi, and had to flee from there due to the riots.