JUDGMENT :

HEMANT GUPTA, J.

1. The order passed by the learned Division Bench of the High Court of Punjab & Haryana on 07.07.2011 is the subject matter of challenge in the present appeal. The learned Single Bench has allowed the writ petition of a Kashmiri migrant, the respondent¹[Onkar Nath Dhar, in short ‘Dhar’] who shifted to Jammu in the year 1989 or so. He was transferred to the office of the Intelligence Bureau in Delhi. Later he was transferred to Faridabad where he has been allotted a government accommodation. The respondent attained the age of superannuation from service on 31.10.2006.

2. The respondent gave representation to the appellant to allow him to retain the government accommodation, which was allowed and Dhar was allowed to retain house for another one year. Dhar submitted another representation on 18.6.2007 to allow him to retain house allotted to him on a nominal licence fee till the circumstances prevailing in Jammu & Kashmir improve and the Government makes it possible for him to return to his native place.

3. Dhar was served with a notice under the Public Premises (Eviction of Unauthorised Occupant) Act, 1971²[For short, the ‘Act’]. An order for eviction against Dhar was passed but was stayed by the learned Additional District Judge, Delhi. An objection was raised of territorial jurisdiction of the Delhi Court. Dhar withdrew his appeal and filed it in the Court of learned Additional District Judge, Faridabad which was dismissed on 19.08.2009. Such orders were the subject matter of challenge before the learned High Court of Punjab & Haryana in the civil writ petition, which was allowed on 24.10.2010.

4. The learned Single Bench relied upon an order passed by this Court in J.L. Koul v. State of J & K, (2010) 1 SCC 371. It was held, that it is not possible for Dhar to return to his own State and that due to which order of eviction shall be kept in abeyance, although the appellants are at liberty to provide alternative accommodation to Dhar on nominal licence fee in Faridabad. The same was affirmed by the learned Division Bench of High Court of Punjab & Haryana.

5. J.L. Koul was a case arising out of residential accommodation allotted to the appellant who was a government servant at Jammu in the year 1989-90. The appellant therein was permitted to retain the house allotted at Jammu for safety reasons. In terms of the interim order passed by the Court, the Chief Secretary of the State had filed an affidavit on 06.10.2009 and disclosed that out of 54 appellants who were in Court, 23 had already vacated government accommodation and the same had been allotted to the government employees whereas 31 migrants are still occupying the government accommodation. 37,280 families have been registered for the relief including the accommodation and only 5,000 families have been provided with the accommodation. The affidavit stipulates providing transit accommodation and alternatively Rupees One Lakh per family towards rental and incidental expenses to those who were not able to be accommodated in the transit accommodation. The relevant clause is as under:

“(b) Transit Accommodation: Construction of transit accommodation at three sites @ Rs.20.00 crore each for total Rs. 60.00 crore. Alternatively, Rs. 1.00 lac per family towards rental and incidental expenses to those families who may not be accommodated in transit accommodation.”

6. This Court passed an order in J.L. Koul that no further action is required, wherein it was held as under:

“8. The aforesaid affidavit makes it clear that the State Authorities have framed the rehabilitation scheme and for implementation of the same, it got the resources also. In such a fact situation no further action/direction is required.

9. In view of the above affidavit/undertaking given by the State and after hearing Mrs. Purnima Bhat Kak, Ld. Counsel for the appellants and Mr. Anis Suhrawardy, Ld. Counsel for the State, we dispose of the appeal with a pious hope that State shall take all endeavour