MOHAMMAD KAMAL BHAT Vs. VINOD KOUL AND OTHERS

JUDGEMENT

(1.) - Initiation of contempt proceedings against respondents for noncompliance and disobedience of order dated 29th March 2007 in OWP no.192/2006 titled Mohammad Kamal Bhat v. State and others , is beseeched. Respondents in terms of the said order had been directed to release benefits in favour of petitioner on the edifice of Government Order dated 11.08.1993. It would be profitable to reproduce the Order dated 29th March 2007, hereunder:

(2.) Petitioner avers in the application on hand that he was residing in his residential house along with his family members at village Borer Keran Tehsil& District Kupwara, prior to 1990, close to the line of actual control and in the year 1990, during turmoil in the Valley, the shelling and motor firing was resorted to, both by Indian Troops as well as Pakistani forces and the security forces marched towards the said village and occupied residential houses of inhabitants and they were compelled to migrate from the village. Further averment of petitioner is that he and inhabitants of village Boren Karan then approached respondents for their rehabilitation and compensation for raising construction and the pathetic condition of villagers was considered and order no.Rev(ER) 113 of 1993 dated 11th August 1993 was passed, providing financial assistance of Rs. 1000/- per family per month. Petitioner maintains that being migrant he also received relief till the relief amount was enhanced by the Government vide order no.96(Rev(mig) of 1999 dated 24th May 1999 and petitioner's name figures at serial no.14 in Order no.DCK/R/3089-93 dated 9th January 1999. Relief/compensation is stated to have been paid to petitioner upto the year 2000 and thereafter he was paid, constraining him to approach this Court with OWP no.192/2006, which was disposed of vide order dated 29th March 2007. It is this order that, according to petitioner, has been implemented by respondents, forcing him to knock at portals of this Court with instant application seeking initiation of contempt proceedings.

(3.) Respondent have filed a number of compliance reports. In the latest compliance report they, after giving details relief, assert that relief was paid up to different dates i.e. 31.12.2000 to 31.12.2002 and 31.05.2002 and thereafter relief was provided due to non-availability of funds and matter taken up with Divisional Commissioner, Kashmir, vide no.DCK/R/1995 dated 3.9.2007 and an amount of Rs. 9,83,000/- demanded as relief payable to the families w.e.f 1.1.2000 onwards. Their further assertion is that a meeting was chaired by Financial Commissioner (Revenue) on 8.7.2008, in which various decisions were taken including: that Deputy Commissioner, Kupwara, would identify State land and allot 07 Marlas plot in favour of those families who have constructed their residential houses and in case of non-availability of State land, an amount of Rs. 0.30 lacs would be recommended to be paid per family for acquiring plot for construction of their house; that an ex gratia amount of Rs. 1.00 lac would be recommended for payment to each of 16 families dislocated instead of arrears of cash relief being requisitioned; that no regular cash relief would be recommended or paid.