The J&K and Ladakh High Court issued notice on a plea by a Kashmiri Pandit cooperative seeking implementation of a 2009 rehabilitation package. The petition cites years of administrative inaction on housing and other commitments for displaced families.
The Jammu & Kashmir and Ladakh High Court at Srinagar has issued notice to the respondents in a writ petition filed by The Displaced Kashmiri Residents Housing Cooperative Ltd., seeking implementation of long-pending rehabilitation commitments made for displaced Kashmiri Pandits. The petition is being pursued through Advocates Satya Anand Sabharwal and Sikander Hyaat Khan.
The petitioner society, registered under the J&K Self-Reliant Cooperative Act, 1999, has approached the High Court under Article 226 of the Constitution, alleging that despite policy decisions, parliamentary recommendations, government orders, and judicial recognition extending over more than fifteen years, authorities have failed to operationalise rehabilitation measures for displaced Kashmiri Pandits.
Petition’s Legal Foundation
According to the petition, the foundation of the rehabilitation framework lies in the 137th Report of the Department-Related Parliamentary Standing Committee on Home Affairs dated February 13, 2009, which recommended a comprehensive package for the return and rehabilitation of Kashmiri migrants, including housing, livelihood opportunities, institutional support, and social reintegration. These recommendations were subsequently reflected in a Cabinet decision of the erstwhile Government of Jammu and Kashmir and formalised through Government Order No. Rev/MR/141 of 2009.
The petition further relies on the Supreme Court’s order dated October 27, 2009, in J.L. Koul & Others vs. State of J&K & Others, where the apex court recorded the State’s rehabilitation commitments and expressed hope that effective steps would be taken for the rehabilitation of displaced persons affected by terrorism.
Proposed Rehabilitation Colony
The cooperative society states that it was formally registered in August 2024 and subsequently submitted an Expression of Interest to the Jammu and Kashmir Housing Board proposing the development of a modern rehabilitation housing colony at Chatterhama, Srinagar. The proposal envisages a housing colony for approximately 1,000 displaced families, along with essential infrastructure including a hospital, school, community facilities, and other institutional amenities aimed at facilitating the dignified return of Kashmiri Pandits.
Allegations of Inaction and Reliefs Sought
The petition alleges that repeated representations submitted to various authorities since September 2024 have remained unaddressed. It contends that administrative inaction has frustrated the objectives of the rehabilitation policy and violated the constitutional rights of displaced persons, particularly their rights under Articles 14 and 21 of the Constitution.
Among the reliefs sought, the petitioner has requested directions to the authorities to consider and decide its proposal within a time-bound framework, allot suitable land in Srinagar for the rehabilitation colony, extend financial assistance in accordance with the 2009 rehabilitation package, and implement the rehabilitation framework in its true spirit.
The petition argues that displaced Kashmiri Pandits have a legitimate expectation arising from parliamentary recommendations, government decisions, and commitments recorded before the Supreme Court, and that continued delay in implementation defeats the purpose of the rehabilitation scheme.
The matter has now come before the Jammu & Kashmir and Ladakh High Court, which has issued notice to the Union Territory administration and other respondents. The case is being argued by Advocates Satya Anand Sabharwal and Sikander Hyaat Khan on behalf of the petitioner society. (ANI)
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