Report sought on recovery of rent, water-electricity arrears
Asks Govt to justify holding of Estates accommodation
Mohinder Verma
JAMMU, Dec 22: Jammu and Kashmir is an exception in the country where crores of rupees are being spent from the tax-payers’ money for providing security and other facilities to the former Ministers and Legislators that too at the unauthorizedly held Government accommodation including Bungalows and quarters.
This was observed by the Division Bench of the High Court comprising Justice Rajesh Bindal, Acting Chief Justice and Justice Sanjay Dhar while hearing a Public Interest Litigation (PIL) No. 17/2020 highlighting illegal occupation of Government accommodation in both the capital cities.
After going through the status report filed by the Estates Department, the DB, in the open court, posed a specific query to Additional Advocate General Aseem Sawhney as to which law and rules permit incurring of security expenses on the properties which are under the illegal occupation of the political persons including former Ministers/legislators and for providing other privileges to them.
“How staff including gardeners and servants have also been deployed at these illegally held accommodations”, the DB further asked. On this, the Additional Advocate General said, “this is being done for the security and proper maintenance of the Estates Department properties”.
However, the DB expressed dissatisfaction over the reply and remarked in the open court, “this argument is rejected for being misconceived as under no law or rules such Government servants can be provided to the illegal occupants at the expense of the Government exchequer”.
Pointing towards the Supreme Court judgment of 2018 whereby it has been held that Government accommodation should be co-terminus with the tenure of the persons holding the public office, the Acting Chief Justice asked, “is Apex Court judgment not applicable to the Union Territory of Jammu and Kashmir”.
Referring to the status report which reflects huge amount as pending arrears of electricity and water in respect of the Government accommodations being held unauthorizedly by the political persons, the DB, in the open court, expressed serious concern and said, “never heard of this in the country….J&K seems to be an exception”, adding “how would the Government justify huge expenditure from the tax-payers’ money for providing security and other facilities to the former Ministers and Legislators besides other political persons that too at the unauthorizedly held Government accommodations”.
Advocate Sheikh Shakeel Ahmed appearing for the PIL submitted that all the political and other persons who are unauthorizedly occupying the Government accommodations are having their own residential houses within the territorial jurisdiction of Jammu and Srinagar Municipal Corporations but the Government was conveniently allowing unnecessary burden on the exchequer.
On this, Additional Advocate General Aseem Sawhney informed the Division Bench that very shortly the Security Review Committee is going to meet to review the security of the protected persons including 72 unauthorized occupants and appropriate action will be taken against those whose security will be downgraded and this will also apply qua Government accommodations.
After hearing Advocate Sheikh Shakeel Ahmed and Additional Advocate General, the DB directed the Government to apprise the court about the steps taken for the recovery of arrears of rent, electricity and water outstanding against 72 unauthorized occupants including ex Ministers and other political persons.
The DB also directed the Government to indicate before the next date any rules/ regulations under which Government staff has been provided to 72 unauthorized occupants including ex Ministers under Government expense when these occupants are not holding any public office.
As the court was informed that in several writ petitions pending before the Jammu and Srinagar wings of the High Court stay has been granted to the persons holding the Government accommodation unauthorizedly, the DB directed the Registry to list all writ petitions wherein stay orders are operating along with PIL No 17/2020 on the next date of hearing——February 18, 2021.
Even information about the Advocates and Public Prosecutors having been allotted Government accommodation has been sought by the Division Bench from the Estates Department. “The Government should also indicate the Roads and Buildings (R&B) accommodations allotted to the political persons in the towns other than the capital cities of Jammu and Srinagar”, the DB further directed.
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