The court affirmed that adequate steps were taken for the rehabilitation of landslide-affected families, and disputes regarding intact properties should be resolved in appropriate forums.

ORDER

01. The instant petition has been filed by the petitioner-Kunj Lal on behalf of inhabitants of village Saddal of tehsil Mongri District Udhampur raising public interest, under Section 103 of the J&K Constitution read with Article 226 of the Constitution of India, in a representative capacity seeking for the following reliefs :-

I. Commanding the respondent No. 1, 2 and 3 for allotment of residential as well as agricultural land measuring 10 marlas and Rs. 2,00,000/- to each family due to the land slide affected/displaced inhabitants of the village Saddal, Tehsil Mongri District Udhampur;

II. Commanding respondents No. 4 and 5 to measure and develop the land measuring 113 kanals 10 marlas situated in Revenue village Dabreh Niabat-Malli Tehsil and District Udhampur identified for the settlement of the migrants;

III. Commanding the respondent Nos. 6,7,8,9,10,11 and 12 for providing power supply, anganwari facility, education facility for the children, proper sanitary conditions, drinking water, proper food facilities, providing health centers and better living area should be provided till their grievances are not resolved;

IV. Commanding the respondent Nos. 13,14,15,16 and 17 to plan the rehabilitation of the inhabitants of village Saddal to the recommended village Dabreh Niabet- Malli Tehsil and District Udhampur by the committee.

02. Pursuant to notice, compliance report/objections has been filed by the Secretary to Government, Department of Disaster Management, Relief, Rehabilitation and Reconstruction, stating therein that immediate relief was given to the affected families of the village Panjar, Mohara Saddal of District Udhampur after the floods of 2014 under the norms of assistance prescribed in SDRF rules, approved by the Government of India; that soon after the receipt of the order dated 31.12.2019 from the High Court, the department forwarded the same to the Deputy Commissioner, Udhampur vide letter dated 10.01.2020 and requested him to furnish comments with regard to the physical work as well as financial expenditure done so far to provide ultimate rehabilitation to the affected people of Saddal and apprise about the sectors which require attention of the Government, if any, in order to provide further relief and succor to these affected families; that in response to this Department’s letter, the Deputy Commissioner, Udhampur furnished the requisite detailed report stating therein that the case for transfer of land in favour of the beneficiaries stands submitted before the competent authority and currently, these people are residing in two make shift camps where facilities like drinking water, medical, toilet, rehabilitation of migrants, education and others are being provided; that the Deputy Commissioner, Udhampur, also constituted a Committee of officers to constantly monitor the living conditions of the victims of village Saddal.

03. Compliance report on behalf of respondents in terms of Order dated 20.03.2024 was filed on 30.04.2024 stating therein that the Deputy Commissioner, Udhampur examined the videographic evidence submitted by the petitioner and also directed the Tehsildar, Moungri to go through the videgraphic evidences and submit a detailed report after conducting ‘spot visit’ regarding the conditions of the houses of 13 alleged victims; that with regard to the video showing the living conditions of the thirteen displaced people, a total 45 families have been residing in the Disaster Management building at Sui, out of which 28 families have been allotted the plots and rest of 17 families, houses of whom suffered no damage, have not been given any benefit; that the Deputy Commissioner, Udhampur during visit to Sui urged allottees to take possession of the allotted land at Mansar, where 71 plots were developed by Government with all basic facilities like road, electricity and water supply but they refused to shift to their allotted plots and were willfully staying in the said building; that with regard to th