Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3809 OF 2005
J.L. Koul & Ors. …. Appellants
Versus
State of J & K & Ors. …. Respondents
O R D E R
1. This appeal has been preferred by the appellants against the judgment
and order dated 14.3.1997 passed by the Division Bench of the Jammu &
Kashmir High Court by which Letters Patent Appeal (OWP) No.50 of 1997
against the judgment and order of the learned Single Judge dated 24.1.1997
passed in OWP Nos.139, 339 and 621 of 1995 has been dismissed.
2. The facts and circumstances giving rise to this case are that the
appellants are Kashmiri Pandits and had been in employment of the State
Government. They had been allotted residential accommodation at Jammu in
1989-90 being the Government servants.
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3. The houses of the appellants were either destroyed or burnt down by
the militants in the valley. The appellants were permitted to retain their
respective accommodation at Jammu for safety reasons though they had
retired and had no right to continue in possession of their respective
accommodation and the accommodation could have been allotted to other
government employees who were waiting in the queue. However, such a
step was considered necessary by the State Government as the atmosphere
was not congenial for the appellants to move in the valley. More so, they
had lost their respective houses.
4. The Government employees, who were waiting for allotment of
residential accommodation but could not get the same because the appellants
were occupying the government houses, filed writ petition nos.139, 339 and
621 of 1995 before the High Court complaining that they were not provided
with the government accommodation by the State Government. None of the
appellants herein had been impleaded in either of those writ petitions nor
any pleadings had been taken against them. The claim of the writ petitioners
had been that the Government was duty-bound to provide for residential
accommodation which was not being done. Therefore, the High Court was
requested to issue appropriate direction for providing them the government
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accommodation. The learned Single Judge vide judgment and order dated
24.1.1997 allowed the writ petition and issued the following directions:-
“1. That all those persons who have ceased to be Government
servants, for any reasons, shall be evicted from the houses
allotted to them as Government servants immediately, this
direction shall not, however, apply to persons whose eviction
has been stayed by High Court in any proceedings.
2. Persons who are not in Government service but require
Government accommodation, because of security reasons,
should be tried to be accommodated within one complex so that
their security is ensured and State has to incur lesser amount for
their security.
3. No person who is not a Government servant, but is provided
the Government accommodation for security reasons, shall be
given more than one Unit of accommodation in the State of
Jammu & Kashmir.
Persons who are at present having Government houses both
at Jammu and Srinagar be asked for a choice and evicted from
the other house. This shall also be done within one month.
4. The houses and the accommodation Units available with the
State Government shall be classified by a Committee to be
appointed by the Chief Secretary of the State within six months
and the entitlement of a particular officer to a particular type of
accommodation shall be determined by that classification. A
separate queue shall be maintained for separate type of
accommodation in which applications shall be considered for
the type of accommodation to which the applicant will be
entitled on the basis of his status and grade, which may be
classified by the Committee.
5. A Government Officer who has his own house at the place
where he is stationed, shall not be entitled to Government
accommodation.”
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5. In view of the fact that the present appellants, who were occupying
the said Government accommodation, were directed to be evicted from the
houses allotted to them and no other accommodation was available, they
preferred the Letters Patent Appeal (OWP No.50/1997) which stood
dismissed vide judgment and order dated 14.3.1997. However, the High
Court had given the opportunity to the appellants to approach the concerned
authorities for appropriate relief.
6. Being aggrieved, the appellants approached this Court and this Court
vide order dated 11.4.1997 passed the interim order to maintain status quo
regarding possession of the properties. The matter had been heard on
several occasions since then and this Court made an attempt to find out as to
whether it could be practically possible to ask the appellants to occupy their
own houses and whether it would be possible for the State to ensure
protection of their person and properties as is evident from the order dated
26.8.1997. During this period of 12 years this case remained pending and
the Court had been insisting upon the State to frame the scheme of
rehabilitation of the appellants and particularly for providing them
accommodation. When the matter was heard on 29.4.2008, the State
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authorities were given time to prepare the rehabilitation scheme. But no
steps were taken by the respondent-State. This Court vide order dated
3.12.2008 directed the respondent-State to frame the rehabilitation scheme
within a period of six months and place it before the Court. As no
material/scheme could be placed by the respondent-State before this Court,
this Court vide order dated 17.9.2009 directed the Chief Secretary of the
State to file his personal affidavit as to what steps had been taken in
pursuance of the orders passed by this Court on 29.4.2008 and 3.12.2008.
7. In pursuance of the said order, the Chief Secretary has filed the
affidavit dated 6.10.2009. In the said affidavit it has been disclosed that out
of 54 appellants 23 had already handed over the Government
accommodation to the State Department and the same had been allotted to
the Government employees. Only 31 migrants/retirees are presently in
occupation of the Government accommodation. It has further been clarified
that there are 37,280 families who have been registered for the relief
including the accommodation and out of them only 5,000 families could be
provided the accommodation in the camps. However, it had been
undertaken that the Government would provide such facilities to all
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Kashmiri migrants till they are residing at the present places. The relevant
part of the affidavit reads as under:-
“5. That it is further submitted that Govt. formulated a package
for return and rehabilitation of Kashmiri Migrants which
involves an outlay of Rs.1618.40 crores. This is for the first
time since 1990, that Govt. of India has come up with a policy
for Return and Rehabilitation of Kashmiri Migrants. The
policy has been framed on the recommendations of a working
group constituted by Govt. of India to suggest various
confidence building measures in the J&K State.
While framing the policy various needs of the migrants
have been taken into consideration, such as housing, education,
revival of Agriculture and Horticulture land, employment etc.
th
The details of the package announced on 5 June 2008 are
reproduced as under:-
i) Return and Rehabilitation Package of Kashmiri Migrants:
The total package involves an outlay of Rs.1618.40 crore. The
main components of the package are as under:
(a) Housing
(i) Assistance @ Rs.7.5 lac for fully or partially damaged
house left behind by migrant.
(ii) Rs.2.00 lac for dilapidated/unused houses.
(iii) Rs.7.5. lac for purchase/construction of a house in Group
Housing Societies for those who have sold their properties
during the period after 1989 and before the enactment of “The
J&K Migrant Immovable Property (Preservation, Protection
and Restraint of Distress Sale) Act, 1997” on 30.5.1997.
(b) Transit Accommodation : Construction of transit
accommodation at three sites @ Rs.20.00 crore each for total
Rs.60.00 crore. Alternatively, Rs.1.00 lac per family towards
rental and incidental expenses to those families who may not be
accommodated in transit accommodation.
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(c) Continuation of Cash Relief to Migrants : Migrants
families at Jammu and Delhi who are recipients of cash relief
and free ration would continue to receive the same @ Rs.5000
per family per month (including rations) for a period of two
years after their return to the valley.
7. That it may be further submitted that unemployed youth were
asked to convey their willingness for serving in Kashmir
Valley. In response to the same, 14074 unemployed youth have
expressed their willingness in writing for serving in Kashmir
valley.
8. That it is further submitted that a form called
“EXPRESSION OF INTEREST” was circulated among the
migrants in order to ascertain their willingness to return to
valley and so far 1676 families have expressed their willingness
to return to valley and avail the concession available under the
package.
9. That it is further submitted that land at the following three
sites have already been identified for construction of transit
accommodation, the details whereof are as under:
a- Land at Vessu, District Kulgam 100 Kanals.
b- Land at Qazigund, District Anantnag 25 Kanals.
c- Land at Khanpura, District Baramulla 50 Kanals
10. That it may be further submitted that 200 flats are nearing
completion at Sheikhpora Budgam. In addition to this, 18 flats
are available at Mattan Anantnag. These flats are to be used as
transit accommodation by the Kashmiri migrants who wish to
return to valley. The migrants shall stay in the transit
accommodation till they re-construct or renovate their houses.
11. That it may be further submitted that State Government had
also constituted an Apex Advisory Committee to oversee the
implementation of Return and Rehabilitation package for
Kashmiri Migrants in the month of September 2009 and
immediately after the constitution of the Apex Level
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Committee, various suggestions were put forth in a meeting
held on 23.9.2009.
12. That it may be further submitted that the State Cabinet vide
its decision No.130/11/2009 dated 1.10.2009 has approved the
package for Return and Rehabilitation of Kashmiri Migrants to
Kashmir Valley. However, with regard to implementation of
employment scheme a Committee has also been ordered to be
constituted to go into the legal and other implications for
making recruitments of the migrant youth against various posts
before the said scheme is formally notified. The Committee has
to submit its report within a period of two weeks.
13. That the State Government is keen to rehabilitate the
Kashmiri Migrants in the Kashmir valley and shall provide
every type of assistance for their return and rehabilitation. The
process for the rehabilitation in valley has been initiated in June
2008 after Govt. of India announced the package for their
return.”
8. The aforesaid affidavit makes it clear that the State Authorities have
framed the rehabilitation scheme and for implementation of the same, it got
the resources also. In such a fact situation no further action/direction is
required.
9. In view of the above affidavit/undertaking given by the State and after
hearing Mrs. Purnima Bhat Kak, Ld. Counsel for the appellants and Mr.
Anis Suhrawardy, Ld. Counsel for the State, we dispose of the appeal with a
pious hope that State shall take all endeavours to rehabilitate the persons
who have been victim of terrorism and till the State is able to rehabilitate
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and provide the appropriate accommodation to 31 appellants-
retirees/oustees, they shall continue to possess the accommodations which
are in their respective possession on this date.
…………………………
….J.
(TARUN CHATTERJEE)
…………………………
….J.
(Dr. B.S. CHAUHAN)
New Delhi,
October 27, 2009