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2002 Supreme(Del) 1387

SANJAY KISHAN KAUL
JAGBHUSHAN LAL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ANUSUYA SALWAN, NARENDRA KALRA

SANJAY KISHAN KAUL

( 1 ) THE controversy which arises in the present writ petition is the category in which the petitioner would fall under the Gadgil Assurance Scheme which was inacted by the Parliament to rehabiltate the displaced persons/ migrants from Pakistan after partion.

( 2 ) IN terms of the resolution dated 16. 10. 1970 three categories were formulated which are as under :

"1. CATEGORY a - Persons who have their continuously residential occupation prior to 15th August, 1950. 2. Category b - Persons who have their residential occupation after 15th August, 1950 but before 30th September 1960. 3. Category c - Persons after squatting 1960 to 1980 will be covered under slum and JJ scheme. "

( 3 ) THE contention of the petitioner is that he falls in a category though the respondent had made an allotment under b category.

( 4 ) LEARNED counsel for the respondent No. 2 submitted that there was a requirement of certain essential documents for eligibility in category a which are as under :

ESSENTIAL Documents for eligibility in Category a 1. Refugee Registration Certificate. 2. Ration Card of 1950 3. Receipt of payment of damages assessed by the authorities on the basis o









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