Srinagar, May 28: The High Court today directed the authorities not to allot any accommodation quarter made under Prime Minister’s Package for Migrant Pandits at Kashmiri Migrant Transit Colony Vessu in district Kulgam.
Justice Ali Mohammad Magrey while hearing the petitioners through their Senior counsel Syed Faisal Qadri issued notice to Secretary to Government, Department of Disaster Management Relief, Rehabilitation and Reconstruction (DMRRR), Divisional Commissioner Kashmir, Deputy Commissioner Relief & Rehabilitation (Migrants) and Tehsildar Relief & Rehabilitation (Migrants) Incharge Camp Commandant/Estates Officer, Vessu Transit Camp Kulgam to the plea of 81 Kashmir, Migrant Pandits till then directed no allotment shall be made on the accommodation quarters in question.
The petitioners-Manju Lata Bhat and others are aggrieved of the 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 districts which is in total violation of the policy in vogue.
Government counsel (Sr. AAG) waives notice on behalf of Respondents of officials respondents and sought time for Reply to the plea. Court issued notice to beneficiary respondents in whose favour the hundreds of quarters are being allotted.
The aggrieved petitioners have 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.
Advocate Qadri argued before the court that the process of allotment is 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.
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.
In all six such Transit Camps have been made operational spread across six districts of Kashmir Valley viz Ganderbal, Anantnag, Kupwara, Kulgam and Budgam.
The court has been informed that the authorities in terms of the Rehabilitation and Resettlement Policy had to construct 512 residential quarters for accommodating 166 families of the employees under the Prime Minister’s Package at Vessu Kulgam and in the initial stage authorities had constructed 48 residential quarters at Vessu Kulgam, which were fit for the purposes of residence in respect of the amenities for residence and rest of the Quarters are still under construction and after their completion the same are to be allotted in favour of the employees.
That the authorities, petitioners allege in derogation of the scheme as provided in terms of the order dated 09.05.2018 have passed an order dated 21.01.2021 in terms of which the list of the employees has been formulated for making allotment in their favour.
It has been further added by them that the said list has been formulated without taking into consideration the criteria as laid in terms of order dated 09.05.2018 and also not adhered to the principle of rationality.
The allotment list, advocate Qadri submitted would indicate that the persons living on sharing basis in the temporary accommodation have either been granted the accommodation in terms of the impugned allotment or else have been denied the benefit of the accommodation from the residential quarters.