HC issues notice to govt over migrant accommodation allotment plea

Srinagar, May 28: The Jammu Kashmir High Court Friday issued notice to the government in a fresh plea seeking directions for quashing of allotment order for accommodation of migrant employees issued in January this year.The petitioners have prayed that the allotment order issued by deputy commissioner, relief & rehabilitation (Migrants) in January is in violation of the policy in vogue.

A court of Justice Ali Mohammad Magrey while allowing the plea directed the respondents that no allotment shall be made until further orders.The court issued notice to 105 respondents including Secretary Department of Disaster Management, Relief, Rehabilitation and Reconstruction, Divisional Commissioner Kashmir, Deputy Commissioner, Relief & Rehabilitation (Migrants), and Tehsildar Relief & Rehabilitation (Migrants) besides other private respondents.

The petition filed by a group of 81 residents of Kashmiri Pandit Migrant Transit Colony Vessu, Kulgam through advocate Syed Faisal Qadri, stated that petitioners are the beneficiaries of an employment scheme formulated by the government of India in the form of Prime Minister’s package for return and rehabilitation of Kashmiri migrants to the Valley.It stated that an order was issued by deputy commissioner relief & rehabilitation (Migrants) on January 21, 2021 wherein allotments of accommodation were made in favour of the private respondents, out of the accommodation earmarked for the employees appointed under the Prime Minister’s package.The petitioners submitted that respondents while passing the impugned allotment order have not taken into consideration the criteria as laid by the government in terms of order issued on May 9, 2018

The petition said that in terms of the criteria laid by order issued in May 2018, the employees who were accommodated in the Transit Camp at Vessu were to be considered on first come, first-served basis for the grant of accommodation out of the 512 quarters being constructed by the respondents. It is submitted that petitioners have been excluded from the grant of accommodation which otherwise is the right of the petitioners on priority in terms of the order issued in May 2018, the petition read.

“It reveals that respondents in derogation of the criteria have accommodated the employees engaged under the Prime Minister’s package belonging to district Anantnag, who otherwise are entitled to the accommodation at Mattan.”Therefore, the respondents have violated the criteria as laid in 2018 order and as such the impugned order is liable to be set aside and quashed,” it said.It further submitted that the perusal of allotment order would further reveal that the employees who were holding the accommodation in the transit camp on a shared basis have been denied the accommodation in the allotment made by the respondents. The petitioners have sought directions to respondents to strictly adhere to the government order dated of 2018 relating to allotments to be made in favour of such employees.

The court listed the matter on August 21, 2021.