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.

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.  The  details  of  the  package  announced  on  5th 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

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