Per : Doabia, J. "The harrowing tales of massacre, rape, arson and plunder which shook this part of continent in 1947 produced a conflagaration of so great a magnitude and destroyed not only the life and property of millions of people but also the very fabric of human society and relationship. Thousands of innocent women and children are slain, property worth millions was looted or destroyed, women of all ages were kidnapped, abducted and ravished and unspeakable atrocities were perpetrated. Countless streams of refugees who had lost all their wordly possessions flowed from Pakistan to India and from India to Pakistan. They lamanted the loss of their friends and relations, the loss of their ancestral homes the loss of movable and immovable property and the loss of everything that makes life worth living." The above lines have been borrowed from the Full Bench judgement of Punjab High Court in the case of Ajaib Singh v. The State of Punjab & Anr., AIR 1952 309. It is during this period, as per the petitioners, large number of Hindu and Sikh families living in Pak Occupied Kashmir were forced to migrate to the State of Jammu and Kashmir. It is submitted that they got settled in the city of Poonch and other parts of this State. This, as per the petitioner was forced involuntary mass migration. These persons have constituted themselves into a representative capacity so that their feeble voice is heard somewhere. This petition has been preferred by two petitioners. Petitioner No. 1 is a society represented by a person of 80 years of age and petitioner No. 2 is 76 years of age. The memories of events would be fresh in their minds. The present generation who has not seen what happened in 1947 try to create situations which arose in 1947 time and again but it is time that we avoid all this so that the memories of events, which happened in 1947 are erased from human memory. 2. The grievance of the petitioner may now be adverted to. It is submitted that they are State Subjects and are entitled to enjoy fundamental rights as enshrined in the Constitution of India and also in the State Constitution. It is submitted that the members of Society had movable and immovable properties in Pak Occupied Kashmir. 2. The grievance of the petitioner may now be adverted to. It is submitted that they are State Subjects and are entitled to enjoy fundamental rights as enshrined in the Constitution of India and also in the State Constitution. It is submitted that the members of Society had movable and immovable properties in Pak Occupied Kashmir. It is submitted that thousands of displaced persons now living in Poonch district are without substantial means of livelihood. They are without shelter and without any tenable rights over the land and buildings allotted to them. According to them, they have only the right to use and occupation and are called upon to vacate the buildings and land at the whims and fancies of State administration. In para 6 of the petition, it is submitted that these displaced persons form a biggest group of about 2 lakh families. They are spread all over Jammu province. About 50,000 of them are residing in Poonch and Rajouri. According to the petitioners, if Tibetans, Sri Lankan, Tamilians and Chakmas from Bangladesh can be provided with permanent shelter, then there is absolutely no justification to not to give the same treatment to the members of the petitioner association. Reference, is being made to the effect that if the laws of the State are deficient, then recourse can be had to the ideals and principles formulated by the United Nations High Commissioner for refugees. In a nutshell, the grievance of the petitioner-Society is that there should be a permanent solution for the problems projected by them. 3. In para 8 of the petition, it is submitted that, some of the displaced persons were alloted land for agriculture purposes under Cabinet Order No. 578-C of 1954 and Government Order No. Reh-371 of 1971, but the benefits of these allotments made in pursuance,to the orders referred to above, have not been conferred upon such displaced families as most of the properties are those properties qua which litigation is going on. In para 9 of the petition, it is submitted that vide Government Order No. 63 of 1991 issued on Ist March91, the proprietory rights were sought. to be conferred over the State land under Government. Order No. 254-C of 1965, in favour of displaced persons from non-liberated areas of the State i.e. persons who had migrated from Pak Occupied Kashmir and were. holding the possession. It is submitted that. to be conferred over the State land under Government. Order No. 254-C of 1965, in favour of displaced persons from non-liberated areas of the State i.e. persons who had migrated from Pak Occupied Kashmir and were. holding the possession. It is submitted that. the actual benefits have not been given to them. 4. Petitioner No. 2 by way of illustration has put across his own case. He submits that he is a registered displaced person. He was alloted land comprised in Survey Nos 2321, 3229 and 2330 measuring 6 kanals 16 marlas. The allotment of this land was challenged on the ground that the provisions of Land Grants Act do not apply to the areas falling within Poonch Municipality. As per this petitioner, he has constructed a residential house for his family which comprises of 17 members. The grievance of this petitioner is that this house was constructed on the legitimate expectation of rights of ownership being conferred on him. This has not happened and has left the petitioner No. 2 and his family in a great mental agony. He resorted to remedy at his own level. Writ petition OWP No. 750/89 was filed. This was not entertained. It is submitted: I. That the houses constructed by the category of persons whose cause is being espoused by the petitioners are being demolished. They are being made homeless and as a result, a grave crisis is being reproduced below:- It is further submitted that some instructions have been issued by the Union of India. These have been placed on the record as Annexure C. It is submitted that even this communication has remained a paper transaction and no effective relief has been granted. The reliefs which are supposed to be granted are stipulated in para 2 of the communication. For facility of reference, this para is being reproduced below:- "2.1(a) Ex-gratia payment, @Rs.25000 per family to those displaced persons of Pak Occupied Kashmir who were held in Pak captivity during the crucial period between September 1947 and December, 1950. (b) Payment of ex-gratia @Rs.25000 per family in respect of those displaced persons who did not stay in camps. (c) Payment of ex-gratia @ Rs. 25000 per family in respect. of those displaced persons in whose cases head of the family did not move alongwith family before the cut off date. The above ex-gratia payment of Rs. (b) Payment of ex-gratia @Rs.25000 per family in respect of those displaced persons who did not stay in camps. (c) Payment of ex-gratia @ Rs. 25000 per family in respect. of those displaced persons in whose cases head of the family did not move alongwith family before the cut off date. The above ex-gratia payment of Rs. 25000 will be subject to the condition that. the income of each family at the relevant, time did not exceed Rs. 300 per month. Further more, in cases where the State Government. of J&K had not paid cash grant of Rs. 1000 per family to rural settlers in the past but allotted land to them, the amount of cash grant would be sealed down proportionately to Rs. 7000 per family. II. Payment of cash compensation for land deficiency @Rs.5000 per kanal subject to the maximum limit of Rs. 25000 per family. The rate of land deficiency @Rs.5001 per kanal will be maximum rate and permissible to only those families in whose areas the rate of land is Rs. 5000 per kanal or more. Where the cost of the. land is less than Rs. 5000 per kanal, the payment will be made at the actual prevailing rates in the area. III. An amount of Rs. 2 crore to be provided for the allotment of plots to those displaced persons who have already been settled in the State of J&K and who have not been allotted plots in the past. IV. Rs. 25 lakhs to be provided to the State Government of J&K for improvement of civic amenities in 46 regularised colonies. V. To constitute a Committee comprising the officials of the Government of India and the State Government of Jammu and Kashmir to identify/scrutinize the genuine claimants eligible for above benefits. VI. In cases, where the original claimants have since expired, the legal heirs of such claimants may be eligible for these benefits, subject to the production of succession certificates.." 5. In para 15 of the petition, it is submitted that the State Government is contemplating to formulate a Scheme for transfer of proprietory rights to citizens who are in possession of State land on payment. of premium. It. is the apprehension of the petitioners that the premium which may be fixed, may be beyond their reach and they may be ultimately deprived of the property. of premium. It. is the apprehension of the petitioners that the premium which may be fixed, may be beyond their reach and they may be ultimately deprived of the property. In para 16 reference is being made, to a legislation which never came into effect. Ultimately, the prayer made. is that the Union of India and the State of Jammu and Kashmir should formulate a Scheme for permanent rehabilitation of displaced persons who came to this part of the State from Pak occupied Kashmir. It is Stated that the properties in possession of such persons should be regularised and the sword of damocles hanging over them be removed. 6. The Union of India has filed objections. 7. The State of Jammu and Kashmir, though appearing have taken no stand. 8. The Union of India while giving the background of the case submits that it is fact that thousands of families did migrate to this part of the country. Formal registration was done. The claims of about 31,619 families were registered. Out of these, about 22000 families were paid ex-gratia assistance. The claims of about 9500 families were rejected for want of evidence and fulfilment of prescribed norms. It in submitted that a displaced person from Pak occupied Kashmir was paid ex-gratia payment of Rs. 3500 per urban family and Rs. 1000 plus two to three acres of irrigated land or four to six acres of un-irrigated land to agricultural families, it is submitted that "no claim for compensation in lieu of properties left behind by these displaced persons were invited by the Government of India as Pak occupied Kashmir was and is always treated as integral part of India." In para (ii) of the reply, dealing with the facts of the case, it is submitted that some of the displaced persons whose claims could not be accepted have been submitting representation. These have been considered by the Rajya Sabha Committee on Petitions in the year 1980. They also approached the National Human Rights Commission. It is further submitted that in order to consider the grievance of these persons, the Government of India constituted a Committee under the Chairmanship of the then Additional Secretary (Home), to look into the demands and the grievance of displaced persons from Pak occupied Kashmir. The associations were supposed to furnish their demands. It is stated that all these demands were considered and a detailed report. The associations were supposed to furnish their demands. It is stated that all these demands were considered and a detailed report. was submitted. This is Annexure A with the reply. Annexure A is same as Annexure C placed with the record of writ petition, which stands already noticed above. In para (iii), it. is stated that a Committee under the chairmanship of Divisional Commissioner, Jammu, has been constituted for verification of genuineness of claimants. This process is going on and as soon as identification of genuine persons is completed by the Committee, the payment would be released in their favour. While giving reply on mertis, it in submitted that under the Jammu and Kashmir Evacuee (Administration of Property) Act, 2006, there are two types of lands which are allotted to displaced persons. These are (i) State land and (ii) evacuee land. 9. It is further stated that ownership rights in respect of State land have been conferred on the displaced persons. In terms of Government Order No. 254-C of 1965 dt. 7th July 65. So far as the conferment of ownership rights in respect of evacuee land is concerned, it was considered in-advisable to confer such a right on the displaced persons as such a step was inconsistent with constitutional stand taken by the Government of India in respect, of that part of the State which is now illegally occupied by Pakistan. While giving reply to paras 5 and 7, it is submitted that, the persons whose cause is being espoused by the. petitioners are governed by the laws of the land. It is submitted that all International Protocols and Conventions are not applicable to this country. It. is only those which have been accepted and ratified by the country are applicable. It is admitted that the petitioners are the citizens of India. It is submitted that the relief package has already been allowed and nothing more is required to be done. In para 14 of the reply, it is submitted that relief would he granted to eligible persons. 10. As indicated above, the State has not chosen to file any reply. It is admitted that the petitioners are the citizens of India. It is submitted that the relief package has already been allowed and nothing more is required to be done. In para 14 of the reply, it is submitted that relief would he granted to eligible persons. 10. As indicated above, the State has not chosen to file any reply. From the perusal of the petition, it comes out that the basic grievance of the petitioners is: i/ That they should be paid compensation: ii/ That they should be paid compensation for the land which they have left in Pakistan occupied Kashmir; iii/ That the ownership rights should be conferred on them vis-a-vis properties which are alloted to them and are in their possessions. 11. The stand of Union of. India is that so far as evacuee land is concerned, ownership rights cannot be conferred. This is because those who have come over from Pak occupied Kashmir can hope to go back and in any case,, those who have left. this part of the State have a hope to come back to this side of the State. This according to the Union of India is the known stand of the State, Reference is also being made to the Jammu and Kashmir Evacuee (Administration of Property) Act., 2006. 12. We are of the opinion that the stand taken is rather in-consistent. If the Pak occupied Kashmir is to be considered as part and parcel of State of Jammu and Kashmir and all integral part of India, then those who have come from Pak occupied Kashmir are entitled to all the rights and privileges which are available to those who have continued to stay here, and therefore, in this capacity, they are entitled - to those privileges which are being enjoyed by those who are staying in this part. of the State. 13. Independently of the above, the other impediment which has been mentioned is that the ownership on evacuee land cannot be allowed as "it was considered in-advisable to confer ownership rights in respect of evacuee lands as such a step would be inconsistent with the constitutional stand taken by the Government of India, in respect of that part of the State which is now illegally occupied by Pakistan." It be seen that evacuee lands have been alloted, these are being alloted and ownership rights have also been conferred. As a matter of fact, this situation is visualised by Section 14-A of the aforementioned Act. Where evacuee land was wrongly allotted and the original allottee came to this part of the State and claimed its restoration, then instead of restoring the land, the St-ate has been paying compensation in terms of the provisions of Section 14 A of the Act referred to above. For facility of reference, the said Section in-so-far-as relevant. is being reproduced below: "14-A (1) Where any evacuee or his heir is entitled to the restoration of any evacuee property on an application made by him in this behalf under section 14 or where the claim of any person is established under Section 8 and the. Government. or any Officer not -below the. rank of the. Financial Commissioner authorised by the Government in this behalf, is of the opinion that it, is not expedient. or practicable to restore the whole or any part of such property to the applicant by reason of such property or a part thereof being in the occupation of a displaced person or otherwise, then, notwithstanding anything contained in this Act, it shall be lawful for the Government- (a) to transfer to the applicant in lieu of the evacuee property or any part thereof, any immovable property belonging to the Government which is as nearly as may be, of the same value as the evacuee property, or any part. thereof, as the case. may be;_" 14. Therefore, there is no impediment in the matter of conferring ownership rights in the evacuee land. As and when someone comes and claims the property, steps ran always be. taken under Section 14 A. As a matter of fact,, this Section has been resorted to in number of cases. Therefore, merely because there is a possibility of someone coming back and claiming the. property would not stand in the way of members of the association in claiming ownership rights. The ownership rights could be conferred not only for agriculture land but also regarding the houses which have been allotted to them. This they are entitled to as they are being considered as State Subjects on the assumption that in the recent past they were residing in that part of State and an integral part of this country. The ownership rights could be conferred not only for agriculture land but also regarding the houses which have been allotted to them. This they are entitled to as they are being considered as State Subjects on the assumption that in the recent past they were residing in that part of State and an integral part of this country. Therefore, they are entitled to all those rights which are available to a citizen or a State subject who is in this part. of the State. The respondents would accordingly take steps with a view to confer ownership rights on properties which stand alloted to displaced persons of Pak occupied Kashmir. Let them not have a feeling that in their own country, they would be displaced again and again, This feeling must come to an end so that. they get involved in the process of building up the State and the nation as its citizens and State subjects. 15. There is yet. another aspect, of the matter. Those who came from Pak occupied Kashmir were allotted and came in possession of certain agriculture holdings. These were given to them by treating the property as evacuee property and in some cases this land was alloted as State land. Some of these lands were in possession of locals and some were given by those who came from Pak occupied Kashmir to the local people as they did not. have. sufficient means to till the land. This land, a s indicated above, was given by the displaced persons in their capacity as `displaced persons from Pak occupied Kashmir to the local people. for tilling purposes, therefore, the State authorities would see to it. that whenever a request is made to the concerned authority for restoring the possession to such displaced persons, such a request. would be. considered and the concerned authority would see to it that. the possession is handed over to the displaced persons from Pak occupied Kashmir. This is the only rational manner in which the rights of those who have come from Pak occupied Kashmir can be given effect to. would be. considered and the concerned authority would see to it that. the possession is handed over to the displaced persons from Pak occupied Kashmir. This is the only rational manner in which the rights of those who have come from Pak occupied Kashmir can be given effect to. We accordingly conclude:- i/ That those persons who have come from Pak occupied Kashmir are being treated as residents of that area which is part and parcel of State of Jammu and Kashmir and if that is so, then, all those persons who stand displaced are entitled to protection of laws which are applicable to the State of Jammu and Kashmir. ii/ That merely because there is a remote possibility of someone coming back and claiming restoration should not. stand in the way of conferring ownership rights. Section 14-A of the Evacuees (Administration of Property) Act 2006, takes care of such a situation. iii/ That steps would be taken with a view to confer ownership rights. iv/ That those who been allotted properties (residential accommodation) would be well within their rights to repair them and have ownership rights. They shall not be dispossessed. v/ That the State authorities would see to it that wherever request is made for possession being delivered to those who have come from Pak occupied Kashmir regarding the land given by such persons to the local people for tilling purposes then they are restored this possession. It is the obligation of the State to see to it that those who have come from PoK are, not to made to feel that they are State Subjects and citizens of India of the second category. vi/ That deficiency in the claim lodged or to be lodged would be examined by the State authorities. Anyone having a grievance in this regard can prefer a representation and the said representation would be, decided in accordance with the law and in line with the directions given in this judgement. 16. There is yet. another aspect of the matter. When the partition of this country took place, the Union of India brought. on the, Statute book, an Act by the nomenclature of Displaced Persons Compensation and Rehabilitation Act of 1954. 16. There is yet. another aspect of the matter. When the partition of this country took place, the Union of India brought. on the, Statute book, an Act by the nomenclature of Displaced Persons Compensation and Rehabilitation Act of 1954. The Statement of Objects and Reasons of the said Act is being quoted below :- "Negotiations have been in progress with the Government of Pakistan for more than six years with a view to arrive at an equitable solution of the problem of immovable evacuee property. The, Government of India have all through been of the view that the immovable evacuee properties including, agricultural land in India and Pakistan should be exchanged in lump on Government to Government basis the debtor country paying to the creditor for the difference between the values of such properties in the two countries The proposals made by the Government of India from time to time have however, been turned down by Pakistan. There has been a persistent demand from displaced persons that these properties should he transferred to them in permanent ownership The properties have been fast deteriorating and many of them have already been declared unfit for habitation or have crumbled down, To halt further deterioration and to facilitate the rehabilitation of displaced persons from West Pakistan, this Bill provides, that the right, title and interest of evacuees in evacuee properties in India should be acquired by Government. The compensation to be paid to displaced persons will be to the utilisation of the acquired evacuee property in India as well as any amount realised from Pakistan on account of the difference between the values of evacuee properties in the two countries. The loans so far advanced to displaced persons from West Pakistan, the built by the Government, for their rehabilitation and Provisions made till May 1953 for their rehabilitation for, the future under the Five Year Plan or otherwise will be utilised for rehabilitation by giving grants. The Bill provides for the payment of rehabilitation grants. 2. The Bill provides for the appointment of a Chief Settlement Commissioner, Settlement Commissioners and Settlement Officers who will determine and pay the amount of compensation rehabilitation grant payable to persons having verified claims. Managing officers and managing corporations will be entrusted with the custody, management and disposal of the assets in the pool. 17. 2. The Bill provides for the appointment of a Chief Settlement Commissioner, Settlement Commissioners and Settlement Officers who will determine and pay the amount of compensation rehabilitation grant payable to persons having verified claims. Managing officers and managing corporations will be entrusted with the custody, management and disposal of the assets in the pool. 17. The Bill provides for the setting up of the Displaced Persons Welfare Corporation for the purpose of providing educational and medical facilities to displaced persons from West Pakistan and rendering assistance to institutions engaged in such activities. The payments due to educational and medical trusts with verified claims will be placed atthe disposal of this corporation alongwith other properties for being utilised for the above mentioned purpose. 18. A perusal of Statement of Objects and Reasons would indicate that Union of India has taken steps with a view to provide compensation to those persons who left their properties in West Pakistan. The aforesaid Act does not indicate that it does not apply to the State of Jammu and Kashmir but the definition of term "displaced persons" would make it apparent that this Act applies only to those persons who left their properties in West Pakistan. As Pak occupied Kashmir is not being treated as part of West Pakistan, therefore, this Act would not be applicable to the State of Jammu and Kashmir so far as the displaced persons from PAK Occupied Kashmir are concerned. However, the fact remains that the Union of India has taken steps with a view to compensate all those who came over from West Pakistan to this country. As to why such steps have not been taken so far as thedisplaced persons from Pak occupied Kashmir are concerned has not been explained. One of the reason given by the Union of India which stands noticed above that the Pak occupied Kashmir is part and parcel of State of Jammu and Kashmir and is an integral part of India would not be a reason to differentiate those persons who have come from Pak occupied Kashmir. The aforementioned Central Act of 1954 laid down detailed procedure for verifiation of claims and compensating those who had come from West Pakistan. Both Urban and Rural displaced persons were taken care of. For urban displaced person under a Scheme of verification, their claims were verified. The aforementioned Central Act of 1954 laid down detailed procedure for verifiation of claims and compensating those who had come from West Pakistan. Both Urban and Rural displaced persons were taken care of. For urban displaced person under a Scheme of verification, their claims were verified. On the basis of these verified claims, allotments were made in urban areas. These allotments were made not only of evacuee, properties but allotments were made in newly developed urban colonies This benefit is being deprived to the displaced persons represented by the petitioner association on the basis of a political decision that Pak occupied Kashmir is a part of India and persons who have come from there would some-day in future go back and would be in a position to claim back their properties. This as indicated above, is a decision on which this Court is not supposed to give judgment but the hard reality of life is that there is a remote possibility of coming of those who have migrated from this part of the State and re-claim their properties and vice-versa. This is not happening even in the State it-self. The migrants who have come from valley are not willing to go back. They have become displaced persons within their own State. Therefore, holding out a hope to those displaced persons that some-day in future they would go back and claim their properties is a hope on which they should not be left to sustain themselves. Let something concrete is done for the welfare and upliftment of those who as per respondents have been displaced from an area which is still being treated as a part of this State and an integral part of the country. This is a matter on which a decision has to be taken by the respondents. But, at the same time. It is observed that if Act could be framed for other displaced persons then why a class and category is created which deprives of a right to a displaced person from Pak occupied Kashmir. 19. We are accordingly of the opinion that not making a provision for those who have come from Pakistan occupied Kashmir and keeping them high and dry is not understandable. This discrimination is writ large. 19. We are accordingly of the opinion that not making a provision for those who have come from Pakistan occupied Kashmir and keeping them high and dry is not understandable. This discrimination is writ large. In this situation, we can only suggest that the Union of India should frame a Policy and take steps to mitigate those who are still being treated as displaced persons in their own country. As indicated above, this is again a matter on which a decision has to be taken by the respondents. It is hoped that they would address to this aspect of the matter and take some concrete measures to redress the grievances of such displaced persons who have come from Pak occupied Kashmir. As indicated, some concrete measures be taken in this regard. The small pieces of land which have been allotted to them does not even take care of bread what to talk of bread and butter. 20. We accordingly direct the respondent authorities to give a concrete shape to the five conclusions indicated above and in addition on to this, take steps with a view to grant similar benefits as have been granted to other displaced persons in India. It is hoped that the Union of India and the State authorities take concrete measures at the earliest preferably within a period of six months from the date a copy of this judgment is made available to them by the petitioner. However, steps with a view to confer ownership rights be taken immediately. 21. Disposed of accordingly.