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Supreme Court of India 2021-10-07 dismissed

UNION OF INDIA & ANR vs OMKAR NATH DHAR (D) THROUGH L.Rs

Bench: 2 — Hemant Gupta, A.S. Bopanna

In Brief

Retired Kashmiri Migrants sought to retain government accommodation in Delhi and NCR indefinitely under a scheme designed to support those displaced from Kashmir Valley since 1989. The Supreme Court dismissed their applications and struck down the 2017 Office Memorandum granting such benefits, finding it violated Article 14's equality guarantee. The Court held that government housing is meant for serving employees only. While acknowledging Kashmiri Migrants' humanitarian hardship, the Court limited retention to three years from retirement, after which residents must vacate or access transit housing or cash compensation instead.

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Administrative Law Constitutional Law Public Premises and Eviction Minority Rights Humanitarian Concerns Government Accommodation

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