P K KOUL Vs. ESTATE OFFICER

JUDGEMENT

(1.) GITA MITTAL, J 1. The instant case is a testimony to events which lead to an unprecedented ethnic cleansing of a minority community from the Kashmir valley on account of the inability of the State to protect them and their property from violence, who, as a result, were rendered homeless. Such turmoil was faced by the minority community in the state of Jammu & Kashmir after December, 1989, compelling its members to flee home, hearth and State for bare survival. These writ petitions have been filed by some of such displaced persons who were Central Government employees seeking protection against forcible eviction of the quarters occupied by them on the ground that it is the only roof available to them. W.P.(C) No.15239/2004 Page 8 of 157

(2.) THE petitioners contend that those representing the Central Government in the Kashmir valley, especially those who were representing the intelligence agencies, para military and defence forces as well as the Government media became prime targets of the militants to the extent that lists of such persons who had to be targeted were published and circulated in the localities. Family members and friends of such Government employees were killed and their properties destroyed for the message to permeate. As a result, immediate steps for evacuation of such officials on emergency basis were taken by the Government of India in order to at least protect their lives.

(3.) THE facts disclose that all the petitioners (or the person on whom they were dependant as in the case of Smt. Phoola Raina widow of Late Sh. T.N. Raina writ petitioner in W.P.(C) No. 15698/2004) upon being brought to Delhi were allotted Government accommodation to reside in, not only by virtue of their employment but also their extreme need for shelter. These allottees of the quarters, superannuated from service on different dates over the period of time.