Jammu & Kashmir High Court
Rakesh Kumar And Others vs Union Territory Of J&K Through ... on 24 August, 2020
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Video Conferencing at Srinagar)
Reserved On: 11.08.2020.
Pronounced On: 24.08.2020.
WP (C ) No. 1151/2020
CM No. 3292/2020
Rakesh Kumar and Others
Petitioner (s)
Through: -
Ms. Deepika Mahajan, Advocate
V/s
Union Territory of J&K through Secretary Disaster Management RRR
Department and Others.
.....Respondent(s)
Through: -
Mr. S. S. Nanda, Sr. AAG
CORAM:
Hon'ble Mr. Justice Javed Iqbal Wani, Judge.
JUDGEMENT
1. In this petition, the petitioners on the foundation of the case setup implores for the following reliefs: -
Issuance of the writ of Mandamus commanding the respondents particularly respondent No. 3 to register the petitioners as Jammu Migrants on the basis of threat perceptions at the hands of militants and be treated at par with Kashmir migrants in view of judgement passed by the Hon'ble Division Bench in the case titled LPA (OW) No. 20/2006 State & Ors. V/s Zila Doda Welfare Committee Distt. Doda & Ors.
2. The reliefs as aforesaid are being sought by the petitioners on the premise that they migrated on outbreak of militancy from various areas of Jammu region like Doda, Kishtwar, Ramban and Poonch etc., and despite a policy/ scheme in vogue framed by official respondents for rehabilitation of the migrants who had migrated from Kashmir valley, the petitioners being migrant from Jammu region were left out without extending them the benefits of said rehabilitation scheme / policy. The petitioners in the petition contend that this court in 1996 while considering OWP No. 657/1996 titled as Zila Doda Migrant Welfare Committee and Others Vs. State of J&K and Others passed an order dated 09.10.1997, wherein the respondents were directed to treat the migrants from Doda district at par with the migrants from Kashmir valley and those migrants who claim to have migrated because of the security threat shall be considered afresh by the Page 2 of 4 WP (C ) No. 1151/2020 Divisional Commissioner, Jammu, who shall pass appropriate orders with regard to those persons within a period of one month.
3. The petitioners further contend that various LPAs were filed against the judgement/ directions passed in different writ petitions regarding the migrants of Doda district and on 19.03.2008, while disposing of LPA(OW) No. 20/2006, the Division Bench, observed that it is not legally permissible for the State to treat differently migrants of district Doda, Poonch and Kashmir. The said LPAs are stated to have been dismissed. The petitioners in the petition have referred another judgement in support of their aforesaid claim / case being LPAC No.02 of 2010 titled State and Others Vs. Prem Nath and Ors., wherein following order has been passed on 05.06.2010:
"There is no dispute that the direction was issued by the learned Single Judge on 29.11.2005 to treat the respondents -petitioners like Kashmiri migrants which direction was confirmed by the Division Bench of this Court vide order dated 19.03.2008. As already stated hereinabove, a batch of writ petitions were filed including Public Interest Litigation in this court and the matter went upto Hon'ble Supreme Court who after hearing the parties determined the scale of relief payable to the migrants of Jammu which includes the present respondents- petitioners. The scale accepted by the Apex Court has already been quoted hereinabove. Further direction was issued to verify as to whether the persons have actually migrated or not. In the face of the direction issued by the Apex Court, relief payable to the migrants of Jammu have been determined, as such, they could not be granted the same relief as has been granted to the Kashmir migrants.
The learned Division Bench of this Court to whom the matter was referred by the Hon'ble Supreme Court in the contempt petition has already concluded the matter in this behalf. Dealing with the same questions as are involved in the present case, the learned Division Bench has upheld the plea of the Government in respect of the scale of relief to be provided to the migrants of Jammu as determined by the Apex Court In view of the above, this appeal is allowed with the following directions: -
(a) That the scale of relief payable to the migrants of Jammu, respondents- petitioners herein, shall be the same as has been determined by the Apex Court detailed hereinabove.Page 3 of 4 WP (C ) No. 1151/2020
(b) That on proper verification by the Relief and Rehabilitation Commissioner (M), Jammu, the relief shall be payable to the respondents- petitioners, if not, already paid.
(c) That in case cash relief has not been paid to the respondents-
petitioners, the same shall be paid within two months from the date a copy of this order is received.
Disposed of along with connected CMP(s), if any."
4. Petitioners have contended in the petition that despite passing of the above order as back as in 2010, the respondents although initiated a process in tune with the aforesaid directions, yet did not register the petitioners as migrants and did not extend them the benefits which they were entitled thereto. The petitioners further contend that the respondents despite having received reports of verifications, yet failed to take a decision. Petitioners in this regard have pressed into service a communication bearing No. RRCM/Regd/2019-20/313-14 dated 20.07.2019 addressed by respondent No. 3 to respondent No. 1 as also communication bearing No. RRCM/Regd/2019-20/742 dated 20.11.2019 again addressed by respondent No. 3 to respondent No. 1. Petitioners in support of their case have also placed reliance on a letter addressed by respondent No. 3 to respondent No. 2 where under according to the petitioners' process of verification had been undertaken and completed but of no avail. Petitioners in view of aforesaid facts and circumstances, seek aforesaid reliefs on account of failure of respondents to address to their genuine and legitimate grievances as projected in the writ petition.
5. Mr. Nanda learned Sr. AAG, appearing for the respondents though availed an opportunity to file response/ objections in opposition to the writ petition yet on 11.08.2020 choose to argue the matter without filing of objection and in principle agreed to the disposal of writ petition in tune with the directions passed by Hon'ble Division Bench on 05.06.2010 in LPAC No. 02 of 2010.
6. In view of aforesaid facts and circumstances coupled with the submissions made by learned counsel for the parties, this writ petition is taken up for final disposal at this stage with the consensus of learned counsel for the parties, and is disposed of as follows: -
Page 4 of 4 WP (C ) No. 1151/2020"Respondents shall accord consideration to the cases of the petitioners keeping in view the judgements dated 19.03.2008 and 05.06.2010 passed in LPA(OW) No. 20/2006 and LPAC No.02 of 2010 respectively and also having regard to the communications bearing No. RRCM/Regd/2019-20/313-14 dated 20.07.2019 addressed by respondent No. 3 to respondent No. 1, communication bearing No. RRCM/Regd/2019-20/742 dated 20.11.2019 again addressed by respondent No. 3 to respondent No. 1, relating to the cases of the petitioners within a period of two months from the date of passing of this order".
7. Disposed of along with all connected CM(s).
(Javed Iqbal Wani) Judge Srinagar August 24th, 2020 "Ishaq"
i. Whether the Order is speaking? Yes/No.
ii. Whether the Order is reportable? Yes/ No.
ISAQ HAMEED BHAT
I attest to the accuracy and
authenticity of this document
24.08.2020 16:01