J.L. KOUL & ORS. v. STATE OF J & K & ORS

Citation: [2009] 15 S.C.R. 452

Court: Supreme Court of India

Bench: TARUN CHATTERJEE, B.S. CHAUHAN

Case summary

J.L. KOUL & ORS. v. STATE OF J & K & ORS.pdf

Judgment text

• [2009] 15 (ADDL. ) S. C. R. 452 J. L. KOUL & ORS. ho .. v. STATE OF J & K & ORS. (Civil Appeal No. 3809 of 2005) OCTOBER 27, 2009 [TARUN CHATTERJEE AND DR. S. S. CHAUHAN, JJ. ] ,. Rehabilitation: "' • Kashmiri migrants - State Government servants allowed to continue occupying government accommodations in Jammu even after their retirement - Their own houses in the valley having been destroyed by militants - Serving government employees waiting for allotment of government accommodation, filing writ petition - High Court directing l- .. eviction of retired government servants from government accommodations - HELD: In view of the rehabilitation scheme framed by the State authorities and the undertaking given by the State Government, till the State is able to rehabilitate and provide appropriate accommodation, the retireesloustees concerned shall continue to possess the accommodations in their possession as on date. ... CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3809 of 2005.

From the Judgment & Order dated 14. 3. 1997 of the High Court of Jammu & Kashmir at Jammu in LPA No. (OWP) No. 50 of 1997. Purnima Bhat for the Appellants. Anis Suhrawardy for the Respondents. ~ • The following Order of the Court was delivered ORDER ~"" 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. SO of 1997 against the judgment and order of the learned Single Judge dated 24. 1. 1997 passed in OWP Nos. 139, 339 and 621of1995 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. 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 J 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 prov. iding them the l,j . 4 government 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 I'~ 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 . ·" --.. The total package involves an outlay of Rs. 1618. 40 crore. The main components of the package are as under: (a) Housing .. J (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 purchas~/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. (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 Committee, various sugges;tions were put forth in a meeting held on 23. 9. 2009. · I> 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 1"' 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 th~ rehabilitation in valley has been initiated in June 2008 after Govt. of India ~nnounced the package for their return. " 8. The aforesaid affidavit makes it clear that the State 8 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 Ka~:. 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 and provide the appropriate accommodation to 31 appellantsretirees/oustees, they shall continue to possess the accommodations which are in their respective possession on this date. R. P. Appeal disposed of. t