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2014 Supreme(Del) 2399

VIBHU BAKHRU
Rattan Lal Raina – Appellant
Versus
India Meteorological Department – Respondent


Advocates:
Advocate Appeared
For the Petitioner:B.L. Wali, Advocate.
For the Respondents:Amit Mahajan, CGSC with K. Barua, Advocate.

Judgment

Vibhu Bakhru, J:

1. The petitioner impugns an order dated 03.11.2010 communicating the decision of the respondents to decline the petitioner's request to retain the residential accommodation being Qr. No. D-23, Type IV, C.A.D. Colony, Jor Bagh, New Delhi (hereafter referred to as ‘said premises’), for a further period till the situation improves in his native place (i.e. Kashmir) enabling his safe return or till he is able to make an alternate arrangement. The petitioner claims to belong to a minority community from the State of Jammu & Kashmir and a victim of terrorism and strife in that State. It is the petitioner’s case that his ancestral residential house in Srinagar was destroyed in 1991 and, therefore, he would be entitled to reparation and provision of a residential accommodation by the Government. It was submitted that on account of the failure of the State to protect his property and maintain law and order in the State of Jammu & Kashmir, the petitioner would be entitled to retain the residential accommodation which was provided to him as an employee of the respondents.

2. The controversy to be addressed is, whether the petitioner has a vested right to continue




































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