Tuesday, December 7, 2010

SC Seeks J&K Govt's Stand on Package for Migrants


New Delhi | Dec 06, 2010
The Supreme Court today sought a response from Jammu and Kashmir government on the Rs 1,618- crore special package offered by the Centre for restoring properties of and providing jobs to Kashmiri Pandits who migrated from the Valley in the wake of outbreak of militancy.

The apex court, which sought the reply of the state government within four weeks, however, expressed its reservations against the Centre's scheme which was not clear as to how the migrants on return will stay without any accomodation.

"Where will the people who want to go will stay? Now their properties have been sold or auctioned. There are number of petitions pending in the High Court. How will they go? Without house, how can people go back to Jammu and Kashmir", a Bench headed by Chief Justice S H Kapadia said.

Additional Solicitor General Indira Jaising said the properties auctioned between 1990 to 1997 would be declared "illegal" and would be "restored". "All those auctions are illegal and they will be cancelled," she said. The Bench, also comprising Justices K S Radhakrishnan and Swatanter Kumar said the nod to the Centre's package would be subject to the stand of the state government, particularly on the issue of providing the migrants with houses.

"First, we want houses to be built for their staying," the Bench said while asking from Jammu and Kashmir government "how it will be able to implement the scheme {without houses)". The ASG had said the new houses etc have to be built by the state government. At the outset, she submitted that the scheme offers 1000 jobs and the Centre will provide assistance to those who wish to go back.

Jaising said financial allocation for the scheme has gone to the Jammu and Kashmir which has to implement the scheme. The ASG said Rs 12.5 crore has already been allocated to the state government for providing transit housing to the migrants. She said the scheme covers transit accomodation, cash benefits and employment. The court was hearing a petition filed in 2006 by All India Kashmiri Samaj and others on the plea for providing a special package for the return of Kashmiri migrants.

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