‘Furnish Designated Committee’s recommendations’
180 ex-legislators evicted after dissolution of Assembly: Govt
Mohinder Verma
JAMMU, Mar 1: A Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Chief Justice N Kotiswar Singh and Justice Sanjeev Kumar has sought particulars of 53 unauthorized occupants of the Government accommodations in Jammu and Srinagar and also directed for furnishing the recommendations of Designated Committee headed by Additional Director General of Police (ADGP) Security.
When the Public Interest Litigation (PIL) highlighting illegal occupation of Government accommodations by the political persons beyond their entitlement came up for hearing, Advocate Sheikh Shakeel Ahmed along with Advocate Rahul Raina submitted that in spite of repeated orders passed by the Division Bench on earlier occasions clearly delineating the requirement for giving protection and official accommodation, the authorities continue to accommodate as many as 53 persons even when they have ceased to hold any Constitutional or official position in the Government.
“The State has already taken a stand in the similar cases that security and accommodation are two different issues but despite that these 53 persons are in the possession of Government accommodation illegally”, he pointed out.
However, Senior Additional Advocate General S S Nanda submitted, “in view of the continuous assessment made by the Designated Committee, the process for eviction of these persons has been put on hold for the time being”.
After hearing both the sides, the Division Bench headed by Chief Justice sought particulars of these 53 persons who are still being given the official accommodation beyond their legal entitlement. “We also wish to know the recommendations of the Designated Committee concerned”, the DB added.
Accordingly, the DB directed for listing the PIL on April 6, 2023.
As per the status report submitted by the Estates Department in compliance to the Division Bench order dated February 6, 2023, the copy of which is available with EXCELSIOR, the department initiated eviction proceedings against illegal occupants of Government quarters particularly ex-legislators and other political persons after the Legislative Assembly of erstwhile State of Jammu and Kashmir was dissolved.
“Estates Department has so far evicted about 180 ex-legislators and political persons from the Government accommodations at Srinagar and Jammu and at present 49 persons (24 in Jammu and 25 in Srinagar) are still residing/availing Estates Department accommodation beyond their period of entitlement”, the status report said.
A meeting of Designated Committee was held on January 29, 2021 under the chairmanship of ADGP Security J&K and the Committee had unanimously decided that all the cases of ex-Ministers, ex-MLAs, ex-MLCs, political persons and freedom fighters for continuation/eviction will be considered only after seeking the fresh threat perception report from the CID Headquarters, report from respective Deputy Commissioners about secured accommodation, if any, provided by the District Administration, report from SSP Security J&K regarding secured hotel accommodation and report regarding their own private/ancestral houses in Jammu and Srinagar district headquarters from Zonal IGPs as well as from CID.
Thereafter, the Designated Committee met on April 5, 2022 and reviewed the continuance/eviction of allotment in favour of the ex-Ministers and ex-legislators in terms of Rule 4(e) of the Estates Department (Allotment of Government Accommodation) Regulations, 2004 and recommended eviction of 18 such persons from Government accommodation in the first phase.
As per the recommendations of the Committee, eviction process was initiated and 14 out of total 18 recommended persons were evicted from Government accommodations after following due process of law and remaining four cases were again placed before the Designated Committee in its meeting held on February 2, 2023 and the Committee was unanimous of the view to keep their cases in abeyance till next meeting/outcome of fresh threat assessment report from CID Organization, status report said.
In respect of 49 remaining persons, the status report said, “such cases are being continuously reviewed by the Designated Committee after taking into consideration the facts like threat perception report from the CID Headquarters, report from respective Deputy Commissioners about secured accommodation if any provided by the District Administration, report from SSP Security J&K regarding secured hotel accommodation and report regarding their own private/ancestral houses in Jammu and Srinagar district headquarters from Zonal IGPs as well as from CID.
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