Delhi High Court Rejects Kashmiri Migrant Contractors' Decades-Old Payment Claims Citing Missing Records

The Delhi High Court has dismissed an intra-court appeal filed by contractors who migrated from Jammu & Kashmir during the late 1980s unrest, seeking payment of dues for works allegedly executed prior to their displacement.

A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora upheld the decision of the Single Judge refusing relief to the appellants, who had claimed that payments for works carried out for the Public Works Department (PWD) and other government agencies remained unpaid when they were forced to leave the Kashmir Valley in 1989.

The appellants contended that owing to the prevailing law and order situation, they had to migrate abruptly, leaving behind their homes, properties, and records. They argued that despite repeated representations, the Government of Jammu & Kashmir failed to clear their dues.

Earlier, the High Court had directed the authorities to consider their representations. However, the claims were subsequently rejected on the ground that the works were executed over two decades ago and relevant records, including measurement books, were unavailable or incomplete.

Before the Division Bench, the appellants argued that partial payments made by the authorities indicated acknowledgment of liability and that the balance dues ought to be released.

The Court observed, no doubt, that the situation in the then State of Jammu and Kashmir was not conducive and resulted in many people leaving the valley and migrating to Delhi and other parts of the country.

“The petition for the first time was filed in the year 2001, i.e., eleven years from the date of migration. It can be said that the appellants had come to Delhi with a firm belief to go back and it is in the expectation, eleven years had gone by,” the Court said while acknowledging the plight of the Petitioners.

However, it added, the issue before it was whether the amount as was due and payable is required to be paid. It opined that the inability of the authorities to verify the claims due to passage of time and lack of records was a plausible explanation and did not indicate mala fides.

“with the passage of time, the record may not be available with the respondents. The claim by the appellants is for payment for the work alleged to have been done by them, at least before 1989, i.e. for certain works undertaken 37 years back…Single Judge has rightly held that due to the passage of time it is plausible that the records may not be available with the Government of Jammu and Kashmir,” the Court said.

As such, the Court dismissed the appeal.

Appearance: For the Appellants : Mr B L Wali, Advocate. For the Respondents : Ms Manjula Gupta & Mr G M Kawoosa Advocates.

Case title: J L Wali & Others v. Union Of India & Others

Case no.: LPA 756/2010

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