Alternate accommodation in Delhi to retired CGE belonging to J&K State – Withdrawal of Scheme: Directorate of Estates OM
(Comp. No. 3130799)
Government of India
Ministry of Housing & Urban Affairs
Directorate of Estates
Nirman Bhawan, New Delhi-110011
Dated, the 20th October, 2021
Subject: Withdrawal of the Scheme dated 28.03.2017 for providing alternate accommodation in Delhi to retired Central Govt. employees belonging to the State ‘ of Jammu & Kashmir.
The undersigned is directed to say that in compliance of the directions of Hon’ble Delhi High Court’s Order dated 01.06.2012 in the case of UO! & Ors Vs. Vijay Mam in LPA No.332/2011, this Directorate had formulated a Policy for Kashmiri Migrant Scheme vide its OM. No.11013/D/10/2015-Pol.! dated 28.03.2017 for providing alternate residence to retired Government employees, belonging to State of Jammu & Kashmir, who were possessing General Poo! Residential Accommodation in Delhi.
2. Recently, while deciding the Civil Appeal No.6619/2014 in the matter of Union of India & Anr. Vs. Omkar Nath Dhar, the Hon’ble Supreme Court has, vide its Judgement dated 07.10.2021 held that “the Office Memorandum issued on 28.03.2017 was in terms of the directions of the High Court of Delhi. Such order of High Court has not been approved by this Court vide its Order dated 05.08.2021. Therefore, the entire basis of issuance of Office Memorandum falls flat as the very foundation of such Scheme stands knocked down.” The Hon’ble Supreme Court has struck down the said OM as being totally arbitrary and discriminatory.
3. In compliance of Hon’ble Supreme Court Order dated 07.10.2021, the Kashmiri Migrant Scheme issued vide OM dated 28.03.2017, 19.05.2017 and 10.11.2017. stands withdrawn with immediate effect. The allottees (Kashmiri Migrants) who are in occupation of GPRA after retirement are granted time to vacate the premises (GPRA) by 30th November, 2021.
(M C Sonowal)
Deputy Director of Estates(Policy)