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. 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. 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 the video showing places where the landslides had occurred due to which these people had been displaced, it was submitted that these 13 alleged victims had abandoned their houses in 2014 due to which, the conditions of their houses got deteriorated; that S/Sh. Farnail Chand, Kanha, Madhu Ram, Raju, Paras Ram, Karan Chand, Khem Raj and Smt. Koushalaya Devi had themselves stated that no damage was caused to their houses due to the landslide but at that time they had shifted to Sui and they did not want to return to their native village. 04. Farnail Chand, Kanha, Madhu Ram, Raju, Paras Ram, Karan Chand, Khem Raj and Smt. Koushalaya Devi had themselves stated that no damage was caused to their houses due to the landslide but at that time they had shifted to Sui and they did not want to return to their native village. 04. Response to the compliance report filed by the respondents in compliance to this Court’s order dated 20.03.2024 was also filed on behalf of the petitioners, stating therein that the 13 left over petitioners/applicants, who were not allotted plots at Mansar, had filed an application for inclusion of their name by the respondents in the allotment of State land, situated at village Mansar, Tehsil Udhampur; that the Deputy Commissioner, Udhampur and Tehsildar Moungri had examined the videographic evidences and conducted a spot inspection regarding the condition of the houses of 13 victims and had submitted a report which was filed before this Court; that after due verification carried out on spot on 30.04.2024, out of thirteen displaced persons, whose houses were wiped out due to devastating landslide, the respondents cleared the name of four persons, whose houses have not been found on spot which were wiped out in landslide in September 2014; that as per the compliance report filed by the ADC-who is not a respondent in PIL, had submitted that the respondent No. 3 DC Udhampur visited the sui camp, where the applicants were staying and requested them to take possession of the plots allotted to them; that all the families, who were living in the camp also wanted to live better and healthier life provided all the sufferers i.e. 45 families, who are before this Court were allotted plots and were also accommodated at Mansar. 05. It was also submitted that there were 71 plots being developed by the respondents at Mansar and out of these 45, only 28 families have been allotted plots; that the contention of the respondents that rest of the 17 families were neither given compensation, nor allotted plots is wrong, rather the fact was that all the affected families were granted compensation. 06. 06. That an Action Taken Report on behalf of the respondents, in compliance to this Court order dated 20.11.2024, was filed stating therein that the Additional Deputy Commissioner, Udhampur forwarded the status report filed by the Secretary, District Legal Services Authority, Udhampur to Assistant Commissioner Panchayat, Udhampur; Chief Medical Officer, Udhampur; Executive Engineer, JPDCL, Udhampur; and Executive Engineer, Jal Shakti, Udhampur; with a direction to address the grievance projected in the report and submit action taken report; that the Assistant Commissioner Panchayat, Udhampur vide letter No. ACPU/SBM-G/2024-25/3818- 3820, dated 14-12-2024 has requested the Director General, Department of Rural Sanitation, J&K, Jammu for accord of approval for construction of Community Sanitary Complex at the rehabilitation camp at Sui, Panchayat Sambal Block Udhampur; that the Chief Medical Officer, Udhampur vide letter No. CMO/Udh/2024-25/8746-48, dated 21-12-2024 has submitted that RBSK team of the Block Tikri visited Sui Jakhar on 13-12-2024 and 20-12-2024 to provide medical facilities to the residents of the camp and also vide letter No. CMO/Udh/2024-25/8387-89, dated 12-12-2024 has submitted that MMU of their office alongwith team shall visit the camp on 26-12-2024 to provide medical facilities to families residing at Sui Jakhar; that the Executive Engineer, JPDCL, Udhampur vide letter No. Ed/Udh/5794-95, dated 23-12-2024 has submitted that the camp is being supplied power through 25 KVA ll KV/440 V Distribution transformer and the power scenario is smooth subject to local curtailments; that the Executive Engineer, Jal Shakti, Udhampur vide letter No. JSDU/I0322-324, dated 12-12-2024 has submitted that water supply to the inhabitants of Saddal Migrants at Sui Camp is being provided through two 5000 ltr capacity tanks, which are filled through G/main on alternate day basis as per routine and the said supply is sufficient to meet their drinking and other water requirements. 07. It was also submitted in the Action Taken Report that a total number of 45 displaced families are currently residing within the Disaster Management building in Sui. 07. It was also submitted in the Action Taken Report that a total number of 45 displaced families are currently residing within the Disaster Management building in Sui. While 28 families have been allocated plots for resettlement, the remaining l7 families, whose houses sustained no damage, remain within the camp; that this over-population had significantly deteriorated living conditions within the building; that the Deputy Commissioner, Udhampur recently visited the camp, urging the 28 families to relocate to their allotted plots in Mansar and in the government- developed site 7l plots with essential infrastructure including roads, electricity, and water supply; that each family were allocated 5 marlas of land for constructing permanent homes; that the Deputy Commissioner has assured the families of comprehensive support from district administration, including eligibility for financial assistance under the Pradhan Mantri Awas Yojana upon relocation; that despite these incentives and the clear need for improved living conditions, the 28 families have persistently refused to relocate, choosing to remain within the confines of the Disaster Management building and the Deputy Commissioner, Udhampur had received a representation from the residents of Sui Camp, contending that the allotted plots are situated in close proximity to the bank of a nallah, rendering them highly vulnerable to potential landslides and requested to consider the feasibility of re- allocating the plots to a safer location, such as Debra village, or any other area. 08. 08. A status report on behalf of respondents, in terms of an order dated 11.02.2025, was also filed stating therein that initially a list of 132 victims was reported, some of which were putting up at Sui and some had returned to their native village; that petitioners filed the instant petition for allotment and rehabilitation and accordingly, Government accorded sanction to the grant of state land on lease at the rate of 5 marlas each to the 132 families of village Saddal affected due to natural calamity; that before initiating the process of allotment of plots to each displaced family of village Saddal, in pursuance to Government Order No. 45 JK(Rev) of 2020 dated 30.04.2020, Tehsildar Moungri was directed to re-verify the status of the affected families so that they can be rehabilitated; that the Tehsildar and Naib Tehsildar, Moungri conducted a camp, which was attended by Village Lambardars, Chowkidar, all PRI members of the village and affected families and it was found that maximum families who shifted to other safer places had returned to Saddal village and have been staying there; that all the participants of the camp informed that only 65 affected families had lost their land as well as the houses during the 2014 land slide and rest of the families moved back to their houses, 6 to 7 years ago, as their houses were not much damaged and were presently residing comfortably at village Saddal; that a total number of 45 displaced families currently were residing within the Disaster Management building in Sui, while 28 families had been allocated plots for resettlement, the remaining 17 families, whose houses sustained no damage, have been staying in the camp; that each family were allocated 5 marlas of land for constructing permanent houses and despite these incentives, the 28 families persistently refused to relocate and choose to remain within the confines of the Disaster Management building. 09. Mrs. 09. Mrs. Deepika Mahajan, Advocate appearing for the petitioners submits that the respondents have not allotted plots to 17 displaced families of Saddal village headed by S/Shri/Smt Farnail Chand, Billa Ram, Kanha, Pritam Chand, Madhu Ram, Billo Devi, Raju, Dalera, Kaushlya Devi, Baldev Raj, Khem Raj, Paras Ram and Karam Chand though they had been initially recorded them as the affectees of the unfortunate landslide of 2014 and had been accommodated in a disaster management building in the district and prayed that the respondents be commanded to allot plots to those 17 families as well, on the pattern of the other families, who have been allotted plots at Mansar and that all those 17 families are interested to be relocated to the proposed place where plots have been identified to be allotted to all the displaced persons of Saddal village. 10. Mr. S.S. Nanda, learned Sr. AAG appearing for the respondents, on the other hand, vehemently argued that the Government of Jammu and Kashmir had taken steps, particularly in terms of the orders passed by this Court in this PIL from time to time for rehabilitation of the displaced families in view of the 2014 landslides in village Saddal of district Udhampur; that all the families have been provided all the basic necessities of life at the camp established for their stay. 11. Drawing the attention of this Court towards the latest status report filed on 11.02.2025, Mr. Nanda submits that initially 132 victims had been reported to have been affected by the floods and some of whom were putting up at Sui but some had returned to their native village; that in view of the filing of this petition by the petitioners and the directions passed by this Court from time to time for allotment and rehabilitation, the Government had accorded sanction to the grant of State land on lease @ 5 marlas each to the 132 families of village Saddal affected due to natural calamity. However, before initiating the process of allotment of plots to each displaced family of village Saddal, in pursuance of Government Order No. 45 JK(Rev) of 2020 dated 30.04.2020, the jurisdictional Tehsildar was directed to re-verify the status of affected families so that they can be rehabilitated; that a camp was conducted at Moungri by Tehsildar, which was attended by Naib Tehsildar, Moungri, village Lambardars, Chowkidars, all PRI members of the village and affected families and it was found that maximum families, who shifted to other safer places had returned to Saddal village and had been staying there; that all the participants of the camp informed that only 65 affected families has lost their land as well as houses during the land slide in 2014 and rest of the families moved back to their houses 6 to 7 years ago, as their houses were not much damaged and they were presently residing comfortably at village Saddal. 12. He further submits that a total number of 45 displaced families were currently residing within the Disaster Management Camp at Sui, while 28 families had been allocated plots for resettlement and the remaining 17 families, whose houses sustained no damage, have been staying in the camp; that each family had been allotted 5 marlas of land for constructing permanent houses and despite these incentives, the 28 families persistently refused to be relocated and chosen to remain within the confines of the Disaster Management building. 13. He further submits that the Government has already passed allotment order in favour of the 65 families through their family heads and in case the allottees choose to relocate, the respondents are under an obligation to handover the physical possession of the allotted plots to them. However, he has disputed the claims of the other 17 families whose houses have not been damaged and Committee has suggested that they can return to their homes for comfortable stay and need not be rehabilitated to some other place. 14. Having regard to the action taken reports filed by the respondents and response filed to one of the action taken report by the petitioners, this Court is of the considered opinion that the respondents have taken considerable steps for providing relief and rehabilitation to the affected families in view of the physical verification of the damage caused to their land and houses due to the 2014 land slide at village Saddal. 15. 15. From the pleadings on record and the submissions made by the learned counsel for the both sides, it appears that only 17 families have not been provided the plots against their claims of being putting up at migrant camp, Sui for the reason that their houses have not been damaged in village Saddal and that they can return to their houses for a comfortable stay as now there is no risk to their lives. The petitioners, however, disputed this claim of the respondent- Government functionaries and also the report of the Committee, suggesting that there is no need to provide plots to the 17 families. 16. With the intervention of this Court in the instant Public Interest Litigation by issuing directions from time to time, the respondents have provided relief to all the migrants, who have been putting up at Sui camp and have also allotted plots to those families whose houses were found by the respondents on spot verification to have been damaged so as to become inhabitable by the owners thereof, however, with the exception of 17 families, whose houses were found intact and not damaged and that they can return to their houses for comfortable stay without any risk. To the extent of these 17 families, mixed questions of fact have been raised by the parties, which cannot be gone into under the writ jurisdiction of this Court. The 17 families, who have not been provided plots by the Government, can explore their claims in the appropriate forums/civil courts in case they choose so. 17. Since most of the pleas raised in this petition have been taken care of and addressed by the respondents to the satisfaction of this court, we are of the considered opinion that no further proceedings are required to be carried out in this Public Interest Litigation writ petition, as such, this petition is disposed of at this stage along with connected application(s).