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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION (C)NO.155 OF 2007 IN

CIVIL APPEAL NO.2948 OF 2006

STATE OF J & K & ORS.                          Petitioner(s)

                       VERSUS

KAMAL GORIA & ANR.                             Respondent(s)

O R D E R

The subject matter of the Civil Appeal No.2948/2006 relates to the

relief measures to be given to the migrants from Kashmir valley and other

parts of Jammu & Kashmir State. This Court passed an order on 12th July,

2006 directing  that  these  migrants  be  identified  and  relief  measures  be

given  to  them  in  accordance  with  the  rules.   Now  the

petitioners/respondents  herein  allege  that  there  are  large  number  of

migrants from Jammu and they are not given any relief  measures by the

authorities.  According to the petitioners/respondents there are about 2201

families comprising of 11904 souls who have not been given proper relief

measures.  The Relief Commissioner has filed an affidavit wherein he has

disputed these facts.  According to him, though several applications were

filed, on inquiry, it was found that many of those persons who have filed the

applications, are not genuine migrants. It is alleged that some inquiry by the

C.I.D. also was  conducted and on inquiry it was found that these applicants

were not real migrants and out of 247 applicants only three applicants were

found to be genuine in one region.  It is also stated in the affidavit that the

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Deputy  Commissioners  of  the  various  districts  have  received  several

applications and after verification the migrants have been authenticated in

respect of 1529 cases and those applications were processed by the Deputy

Commissioners.

It appears that many of the facts stated by the Deputy Commissioners

are  stoutly  denied  by  the  applicants.   According  to  them,  so  many  real

migrants are not being given the relief.  As these factual matters are under

dispute, we feel it just and proper that these real migrants are not denied

their  legitimate  relief  measures.   For  that  purpose  we  direct  that  this

contempt petition be sent to the High Court of Jammu & Kashmir which will

dispose of the matter accordingly.  The Chief Justice of Jammu & Kashmir

will take up the matter and consider it on the judicial side and appropriate

orders be passed at the earliest.

With  the  above  direction,  the  contempt  petition  is  disposed  of

accordingly. No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

.................J.     (J.M. PANCHAL)

NEW DELHI; 7TH JULY, 2008.