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CASE NO.: Writ Petition (civil)  465 of 2004

PETITIONER: Jyotsna Dwivedi

RESPONDENT: Union of India & Ors

DATE OF JUDGMENT: 19/02/2007

BENCH: Dr. AR. LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: JUDGMENT

Dr. AR. Lakshmanan, J.         Heard Ms. Jyotsna Dwivedi, Petitioner in person and Mr. Goolam  E. Vahanvati, Learned Solicitor General of India, Mr. T.S. Doabia,  learned Senior Counsel, Mrs. Shobha Dikshit, learned Senior  Counsel and Mr. Avatar  Singh Rawat, learned counsel for the  respondents.                  The Writ Petition was filed under Article 32 of the  Constitution of  India for issuance of a writ in the nature of mandamus directing the  respondents to ensure that the promise of welfare packages made to  the widows of the martyars of the Kargil war are fulfilled promptly.

       During the pendency of the writ petition, several orders were  passed by this Court issuing various directions.  Several  opportunities were given to the parties.  At the request of the learned  counsel for the States, permission was granted to file affidavits.

       Pursuant to our directions, the Union of India (Ministry of  Petroleum and Natural Gas) has filed an additional affidavit  explaining the steps taken to dispose of the pending cases for  allotment including 22 cases where land is to be identified.  The  Additional Affidavit is filed in pursuance to the directions issued by  this Court.  The status of cases as on 31.12.2006 under the Special  Scheme "Operation Vijay" Kargil has been mentioned in the Affidavit.   The total 492 cases were recommended for grant of the benefit  under the Scheme.  47 cases were advised by the Directorate  General of Resettlement to be kept in abeyance,  since the parties  are not interested.  Thus, there is 445 effective recommendations.   The break-up figure has also been clearly mentioned in the tabulated  statement.   

       It is also further stated that as on 31.12.2006 there are only 9  cases pending for commissioning, and out of these, 5 are retail outlet  cases and 4 are LPG distributorships cases and details of the 9  pending cases are also mentioned in the tabulated statement.  The  prime reason for the pendency of the cases had been the non- availability of commercially viable suitable land for the retail outlets or  LPG distributorships at the location of choice of the allottee  concerned.  To expedite the commissioning in the pending cases,  the answering respondent has from time to time written to the Chief  Secretaries of the State concerned wherein land was not available or  where the approvals from where authorities were pending, requesting  for a personal intervention and expediting needful action in the  matter.  Copies of these letters have also been annexed along with  Additional Affidavit.  The Minister (Petroleum & Natural Gas) has also  written to the Chief Ministers of the State concerned in this regard  and copies of those letters have also been annexed along with the

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Affidavit.   

       In cases, where the approval from  the National Highway  Authorities is required, the Minister has also written to the Minister,  Ministry of Road, Transport and Highways requesting for a personal  intervention and expediting needful action in the matter.  Copies of  these letters have also been filed and marked as annexures to the  Affidavit.  It is also stated that the regular meetings were held by the  officials of the Ministry and the Oil Marketing Companies in presence  of the representatives of the Directorate General Resettlement, with  the allottees, State Administration and District Authorities of the  States concerned in the month of June, 2006 to clear the bottlenecks  in the commissioning of the pending cases.  The answering  respondent, by letter dated 30.8.2006, has also directed the Oil  Marketing Companies to endeavour to commission all the pending  cases by 31.12.2006.

       It is, thus, seen that the Ministry has substantially complied with  the directions issued by this Court.  Except 9 pending cases, out of  which 2 cases, bearing W.P. No.18289-91 of 2006, are pending in  the High Court of Delhi.  Likewise, another writ petition filed by the  Contractors in W.P. 190192-20/2006 is also pending before the High  Court of Delhi.  We direct the parties to approach the High Court for  an early disposal of the pending cases.   

       In view of the Additional Affidavit filed, there is no need to keep  the instant Writ Petition No.465 of 2004 pending in this Court.   Accordingly, the writ petition is disposed of.         No orders on application for impleadment is now necessary.         I.As., applications for directions, are also disposed of.         No costs.