Excelsior Correspondent
JAMMU, Dec 29: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has directed the respondents to consider the claim of Displaced Persons of 1947 on the same analogy as has been adopted in case of Chhamb DPs of 1965 and 1971 given the fact that the scheme is going to elapse on 31.12.2023.
The significant order has been passed in a Public Interest Litigation (PIL) filed by Jammu and Kashmir Sharnarthi Action Committee seeking direction to the respondents to allow the DPs of 1947 to submit mandatory documents as are being submitted by DPs of 1965 and 1971 for the purposes of availing the benefit under Central assistance scheme for one-time settlement of displaced families from PoK and Chhamb under Prime Minister’s Development Package-2015.
After hearing Advocate Siddanth Gupta for the PIL whereas Senior AAG SS Nanda for the UT, DB observed, “on the previous date of hearing while taking note of the submission that the concerned authorities are not issuing the requisite certificates in favour of the petitioners causing delay in submission of the documents, it was observed that if the requisite certificates could be issued, there would be no difficulty on the part of the beneficiaries to seek benefits under the Scheme and court would also not be required to examine as to why differential treatment, as projected, has been meted out to the PoJK DPs of 1947”.
Accordingly, S S Nanda, Senior AAG, was asked to inform the court by the next date as to whether any certificates have been issued by the competent authority in respect of DPs of 1947 and if not, the reasons for not doing so. A tentative view, in respect of the differential treatment in case of DPs of 1947 and the Chhamb of 1965 and 1971 relating to similar benefits being violative of Article 14 of the Constitution of India, was also formed.
During the course of hearing, Advocate Siddanth Gupta submitted that they are deficient of the documents prescribed in respect of the PoJK DPs of 1947 as they were displaced in compelling circumstances in 1947. A compliance report has been filed by S S Nanda, Senior AAG, which inter alia reflects that the scheme has been extended from 31.03.2022 to 31.03.2024. However, respondent has issued minutes (resolution), whereunder the date for closure of the scheme was reflected as 31.12.2023
After hearing both the sides, the DB observed, “be that as it may, since the submission that certain set of documents is the only hurdle in the way of petitioners to seek consideration to the benefits of the scheme like that of the Chhamb DPs of 1965 and 1971, therefore, the instant PIL can be disposed of by directing the respondents to consider their claim for extending them the benefits of scheme on the same analogy as has been adopted in case of Chhamb DPs of 1965 and 1971 within a period of two weeks from today given the fact that the scheme is going to elapse on 31.12.2023, by passing a speaking order”.
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