Unauthorised occupation of government bungalows in J&K: HC throws ball in estates department’s court
Acting on a public interest litigation (PIL), the bench directed estates department director “to deal with each and every person (43 occupants) and pass individual orders”
A division bench of the Jammu and Kashmir and Ladakh high court on Thursday directed the Estates Department to deal with each of the 43 former ministers and ex-legislators allegedly in unauthorised occupation of government bungalows, and pass individual orders for either cancellation of accommodation and eviction, or allotment giving specific reasons.
The division bench comprising chief justice N Kotiswar Singh and justice MA Chowdhary afforded one month to the Estates Department. The case will be next heard on May 8.
Acting on a public interest litigation (PIL), the bench directed estates department director “to deal with each and every person (43 occupants) and pass individual orders.”
“We make it clear that if the accommodation of any individual mentioned in this report is continued, specific reasons supported by necessary materials, must be provided so that this court will examine as to whether the authorities have taken an appropriate and fair decision on the government accommodation being provided to these 43 persons,” the bench said in the order.
After hearing advocate Sheikh Shakeel Ahmed, appearing for the petitioner, and senior additional advocate general SS Nanda, appearing for the Union Territory, the division bench directed that the both directors of the Estates Department, at Jammu and Srinagar, shall hear the 43 persons individually before any such order.
“Both the directors will pass specific individual orders in respect of the 43 persons after hearing them and such individual orders shall be placed on record by the next date of hearing on May 8,” the bench said.
The high court directed both the directors to inform the court that how much rentals these 43 persons had been paying with supporting documents/receipts since the time they ceased to hold the offices on the basis of which they were allotted these accommodations and why they have not been charged rental at commercial rates since they are not holding any office.
Taking cognisance of the matter, the division bench reminded the Estates Department to keep in mind the provisions of the J&K Estates Department (Allotment of Government Accommodation) Regulations, 2004 and various orders passed by high court.
Earlier, Ahmed drew the attention of the bench towards the latest status report dated February 23 and submitted that almost all the overstaying ex-legislators have their own residential houses at Jammu and Srinagar, but the Estates Department allegedly “dragged its feet in taking action because of political clout being enjoyed by illegal occupants”.
Ahmed highlighted the cases of former chief minister Ghulam Nabi Azad, former deputy CM Kavinder Gupta and former minister Sajjad Lone and argued that “dual standards” have been adopted by the Estates Department on political considerations.
