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2009 (10) TMI 984

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..... that the appellants are Kashmiri Pandits and had been in employment of the State Government. They had been allotted residential accommodation at Jammu in 1989-90 being the Government servants. 3. The houses of the appellants were either destroyed or burnt down by the militants in the valley. The appellants were permitted to retain their respective accommodation at Jammu for safety reasons though they had retired and had no right to continue in possession of their respective accommodation and the accommodation could have been allotted to other government employees who were waiting in the queue. However, such a step was considered necessary by the State Government as the atmosphere was not congenial for the appellants to move in the valley .....

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..... ot a Government servant, but is provided the Government accommodation for security reasons, shall be given more than one Unit of accommodation in the State of Jammu Kashmir. Persons who are at present having Government houses both at Jammu and Srinagar be asked for a choice and evicted from the other house. This shall also be done within one month. 4. The houses and the accommodation Units available with the State Government shall be classified by a Committee to be appointed by the Chief Secretary of the State within six months and the entitlement of a particular officer to a particular type of accommodation shall be determined by that classification. A separate queue shall be maintained for separate type of accommodation in which appl .....

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..... ing them accommodation. When the matter was heard on 29.4.2008, the State authorities were given time to prepare the rehabilitation scheme. But no steps were taken by the respondent-State. This Court vide order dated 3.12.2008 directed the respondent-State to frame the rehabilitation scheme within a period of six months and place it before the Court. As no material/scheme could be placed by the respondent-State before this Court, this Court vide order dated 17.9.2009 directed the Chief Secretary of the State to file his personal affidavit as to what steps had been taken in pursuance of the orders passed by this Court on 29.4.2008 and 3.12.2008. 7. In pursuance of the said order, the Chief Secretary has filed the affidavit dated 6.10.2009 .....

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..... miri Migrants: The total package involves an outlay of ₹ 1618.40 crore. The main components of the package are as under: (a) Housing (i) Assistance @ ₹ 7.5 lac for fully or partially damaged house left behind by migrant. (ii) ₹ 2.00 lac for dilapidated/unused houses. (iii) ₹ 7.5. lac for purchase/construction of a house in Group Housing Societies for those who have sold their properties during the period after 1989 and before the enactment of The J K Migrant Immovable Property (Preservation, Protection and Restraint of Distress Sale) Act, 1997 on 30.5.1997. (b) Transit Accommodation : Construction of transit accommodation at three sites @ ₹ 20.00 crore each for total ₹ 60.00 crore. Alternat .....

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..... till they re-construct or renovate their houses. 11. That it may be further submitted that State Government had also constituted an Apex Advisory Committee to oversee the implementation of Return and Rehabilitation package for Kashmiri Migrants in the month of September 2009 and immediately after the constitution of the Apex Level Committee, various suggestions were put forth in a meeting held on 23.9.2009. 12. That it may be further submitted that the State Cabinet vide its decision No. 130/11/2009 dated 1.10.2009 has approved the package for Return and Rehabilitation of Kashmiri Migrants to Kashmir Valley. However, with regard to implementation of employment scheme a Committee has also been ordered to be constituted to go into the l .....

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