Excelsior Correspondent
Srinagar, July 5: The High Court today dismissed a batch of petitions challenging the Government orders directing for allotment of accommodations meant for Kashmiri migrants to PM Package employees of other districts in transit camps and directed the authorities to evict all unauthorized occupants in these accommodations.
Justice Sanjeev Kumar directed the respondents to take requisite steps to evict all the unauthorized occupants of the new residential quarters in the newly constructed complex at Transit camp Vessu.
Court said the direction for eviction is directed as the petitioners do not dispute that they have entered the public premises without any authority. One week time has been granted to the unauthorized occupants to vacate the premises.
Court has clarified that beyond time the respondents shall evict them by using as much force as may be required to accomplish violence free eviction of the petitioners. “In compliance to the communication of the Tehsildar Relief and Rehabilitation (M), Srinagar, the SHO concerned shall register an FIR, if not already registered, and shall initiate investigation in the matter. The employers of the petitioners are also free to initiate disciplinary proceedings in terms of the Rules of 1956 against the petitioners for committing misconduct”, Justice Kumar further directed.
Court also directed the Commissioner concerned to give a fresh look to the order of allotment to find out any infirmities or irregularities in the allotments as pointed out by the petitioners. He shall do well to hear the petitioners, if they so desire, in person and consider their grievance, if presented before him in writing within a period of two weeks from today.
Court was informed that the process of allotment was being done in contravention to the order dated 09.05.2018 under which the criteria has been issued for allotment of residential Quarters to all such employees as such authorities be directed to strictly adhere to the Government order No.29-DMRRR of 2018 dated 09.05.2018 relating to the allotments to be made in favour of such employees.
“It would be appreciated if the Commissioner consider the grievance, if any, projected by the petitioners with regard to the infirmities and irregularities in the matter of allotments and passes a speaking order in this regard within a period of four weeks from the date the grievance in writing is projected or orally made before the Commissioner. All the future allotments to the new accommodation shall be made strictly in terms of Government order dated 09.05.2018″, read the judgment.
The Government order dated 21st of January, 2021, in terms whereof the allotment of accommodation out of the property of Department of DMRRR is being allotted to the PM Package employees, and challenge the same on the ground that the quarters are being allotted to the aspirants of other district which is in total violation of the policy in vogue.
The petitioners had also challenged the order of allotment dated 21.01.2021 issued by the Deputy Commissioner Relief & Rehabilitation (Migrants) in terms of which allotments of the accommodation stands made in favour of the hundreds of persons who are not the residents of District Kulgam out of the accommodation earmarked for the employees appointed under Prime Minister’s Package.
The aggrieved petitioners are the beneficiaries of an employment Scheme formulated by the Government of India in the form of a Special Package commonly known as “Prime Minister’s Package for Return and Rehabilitation of Kashmiri Migrants to Kashmir valley” and therefore seek indulgence of this Court for protection of the rights vested in them by virtue of the aforesaid Package.
For the purposes of resettlement and rehabilitation of the Kashmiri migrants, the Union Government of India, has made various schemes beneficial for the members of Kashmiri Migrant Community which include providing of employment opportunities for the Kashmiri migrants within the Valley of Kashmir with an object to help the migrated community return back/re-settle in their ancestral lands/homes within Kashmir valley.
In order to achieve the object and purpose of the package and with an intention to fulfil/abide by the salient features of the PM Package scheme, the Government of India made a Provision for providing of transit Residential facilities for such employees within Kashmir valley, which would include providing of residential accommodation to such employees in the transit camps with all proper necessary arrangements.
Justice Kumar after giving anxious consideration to this aspect of the matter, that 208 units of accommodation at Transit Camp Vessu district Kulgam which, in January 2021, were allotted to different beneficiaries are strictly as per the criteria laid down in the Government order 09.05.2018.
This, however, is disputed by the counsel appearing for the petitioners. It is contended on behalf of the petitioners that in the allotments made in terms of the impugned order dated 21.01.2021, there are several infirmities, in that, in some cases, a single family has been allotted more than one accommodation.
“The respondents shall do well to revisit the impugned order dated 21.01.2021 and shall weed out the infirmities and illegalities, if any committed, deliberately or inadvertently while making the allotments in favour of 208 beneficiaries”, the Court said.
The court directed the Relief and Rehabilitation Commissioner (M), Jammu to provide an opportunity of being heard to the petitioners to point out the infirmities or irregularities, if any, committed while making allotments in terms of impugned order dated 21.01.2021. The Commissioner concerned, court added, shall pass a speaking order dealing with the grievances, if any, projected by the petitioners before him either in writing or orally. Nothing more is required to be done in this petition.
Court said that there is no doubt that a public servant committing a criminal offence of trespassing in the Government property is not only liable to be proceeded under criminal law, but is also liable to be proceeded for disciplinary action.
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