ZILA DOA MIGRANTS COMMITTEE Vs. STATE AND OTHERS

JUDGEMENT

(1.) These writ petitions by the residents of districts Doda and Poonch originate essentially from denial of benefit of the scheme/policy evolved by the State for displaced persons of Kashmir valley. Questions of fact and law being similar in all the petitions, therefore, disposal by this common judgment.

(2.) Admitted facts are that in the year 1990 and onwards large-scale killings of civilians including the relatives of some of the petitioners, resulted in mass migration from Kashmir Valley. No doubt the Government took steps to protect their lives and properties but barbaric incidents like molestation, kidnapping, killings etc. could not be stopped. Being faced with threat to life the innocent and helpless citizens were left high and dry, resultantly, abandonment of their hearths and homes in search of a peaceful shelter and livelihood. State having risen to the occasion formulated scheme/policy of relief and rehabilitation for the displaced persons but to the exclusion of migrants of districts Doda and Poonch, the petitioners belong to. Thus, these writ petitions seeking several reliefs. However, during the course of arguments appearing counsel for the petitioners chose to restrict their claims to the reliefs summarized hereunder:

(3.) Regarding challenge of inadequacy of relief suffice it to say that the parameters for entitlement of a particular relief quality, quantity and the quantum is the area to be embarked upon by the State, obviously, claims have to be settled on the touchstone of the Scheme/policy framed with such modification(s) from time to time, the State may deem proper. In the said backdrop, no direction is called for in respect of ground of inadequacy of relief.