The main legal point established in the judgment is the duty of the State to provide shelter to internally displaced persons, including retired Government employees, and the corresponding right of the individuals to claim that shelter. The judgment also emphasizes the need for a rehabilitation scheme and the possibility of accommodation in the NCR region.

A.K. SIKRI, ACJ.

1. All these appeals, 24 in number, arise out of a common judgment and order dated 30th November, 2010 passed by the learned Single Judge disposing of as many petitions. The said judgment is rendered in the writ petitions which were filed by the respondents herein. All these respondents are Kashmiri Pandits with their permanent residence in the State of Jammu and Kashmir. They were employees of the Central Government and most of them were posted in Kashmir. However, due to the turbulence in that State resulting in putting their lives in danger, they were transferred to Delhi. In fact, most of these respondents were representing the intelligence agencies, paramilitary and defence forces as well as the Government media and had become the prime target of militants. So much so, list of such persons who had to be targeted was published and circulated in the localities. Many family members and friends of such Government employees were killed and their properties destroyed for the message to permeate. It was in these conditions when the safety and security of these respondents and their families was in great jeopardy in Kashmir, that the Government/appellant decided to transfer them to Delhi on emergency basis in order to protect their lives.

2. On their transfer and posting in Delhi, they were provided Government accommodation. They had right to continue in the Government accommodation till the time of their retirement. All of them have since retired. However, as the conditions prevailing in Kashmir are still not conducive enough to ensure safe return of these respondents back to their native places where they are having their own residences, they are forced to stay in Delhi. In Delhi they do not have their own houses. For this reason, these respondents want to continue in the Government houses allotted to them. Their submission is that under the circumstances when they are forced to leave Kashmir valley because of the inability on the part of the Government to protect their lives, liberty and property, that too when they have become the target of militants because of their job profiles serving the Government of India, it becomes solemn obligation of the Central Government to provide them suitable accommodation in Delhi after their retirement till the conditions improve in Kashmir enabling them to go back to their native places. The respondents had filed the writ petitions with prayer for suitable accommodation by the Central Government and till that is provided, allow them to continue in the Government houses occupied by them.

3. The learned Single Judge, in a detailed judgment expounding on various aspects of the issues with flavour of human and fundamental rights of these respondents, allowed the writ petitions in the following terms:

“(i) The impugned orders cancelling the allotment of the petitioners; the orders of eviction passed in the proceedings held against the petitioners under the Public Premises (Eviction of Unauthorised Occupants) Act and the appellate orders which are detailed in para 13 are hereby set aside and quashed.

(ii) A direction is issued to the respondents to make all endeavours to adequately, effectively and reasonably rehabilitate and resettle the petitioners, making provisions for appropriate accommodations for them.

(iii) Till such time, the respondents are able to provide alternative accommodation to the petitioner and his/or her family anywhere in Delhi, the petitioners shall be allowed to retain and occupy the allotted accommodation (also detailed in column no. 2 of para 13 above) subject to payment of normal license fees.

(iv) Each of the petitioners shall be entitled to costs of Rs.25,000/- which shall be paid within a period of six weeks from the date of passing the order. These writ petitions are allowed in the above terms.’

4. The Union of India, feeling aggrieved by the aforesaid orders, has filed these intra-court appeals under clause 10 of Letters Patent quest