J&K HC seeks list of unauthorised occupants of ministerial bungalows, govt houses

A division bench of the high court comprising chief justice Gita Mittal and justice Rajesh Bindal on Saturday directed the Jammu and Kashmir administration to provide complete details of unauthorized occupants of ministerial bungalows and government accommodations that include former ministers, legislators and former bureaucrats.

The court has also sought details of arrears of rent, electricity and renovations.

The division bench rapped the estates department for not initiating any serious exercise to evict former ministers, legislators and bureaucrats from these government accommodations.

Terming the situation intolerable, the division bench directed the additional advocate generals BA Dar and Aseem Sawhney, who appeared for the government, to file a comprehensive affidavit indicating the arrears of rent, water, electricity and also funds spent on renovation, repairs and maintenance, particularly during the period of illegal occupation by the defaulters.

Advocate Sheikh Shakeel Ahmed, who appeared for petitioner Prof SK Bhalla, submitted that since June 2018, former ministers and legislators have been overstaying in government bungalows in total contravention to the rules.

He also submitted that the estates department initiated a lopsided action and evicted some of the occupants but has not taken any steps in vacating the illegal occupants belonging to a particular political party.

Ahmed specifically referred to the list of unauthorised occupants furnished by Sawhney with the status report filed by the estates department pursuant to the directions of the division bench on July 8 this year.

As per the list submitted in the court, the unauthorised occupants include late ex CM GM Shah, former chief minister and Awami National Conference leader; former BJP minister Choudhary Lal Singh; former deputy chief minister Kavinder Gupta; former minister Sunil Sharma; BJP president and former MLA Ravinder Raina; former MLA Vikar Rasool Wani, former minister Shakti Raj Parihar, former minister Sat Sharma, former minister Ghulam Nabi Lone (Hanjura), former minister Syed Farooq Indrabi, former minister Zahoor Ahmed Mir, former deputy speaker Nazir Ahmed Khan, among many other former ministers and legislators.

Ahmed referred to some judgments of the apex court where it was ruled that after demitting the office, former ministers and former bureaucrats were not entitled to government accommodation.

He further submitted that time-bound directions were required to be issued to the estates department to ensure eviction of the illegal occupants.

Consequently, the high court bench directed the administration to file a separate tabulation and affidavit indicating charges on maintenance, particularly after demitting of office by the unauthorised occupants within two weeks.