Excelsior Correspondent
SRINAGAR, Nov 13: The High Court today made it clear that there should be no compromise for allowing the unauthorized occupants to retain the Government accommodations and directed the Inspector Generals of both Kashmir and Jammu to cooperate with the evicting authority in this connection.
Justice Ali Mohammad Magrey said there shall be no compromise with reference to allowing the un-authorized occupants to retain the Government accommodations, including Ministerial bungalows and special houses and A-Type Quarters at the cost of public exchequer.
In this regard, Justice Magrey directed both IGPs, Kashmir and Jammu, to cooperate with the Director Estates for ensuring eviction of un-authorized occupants. “Needless to mention that the execution of eviction process for the public interest shall be monitored by the Chief Secretary”, court further added.
Court directed that the latest status in terms of the directions passed shall be filed by the Secretary to Government, Estates Department with the approval of the Chief Secretary.
The law abiding functionaries, Court said, are otherwise required to implement the law of the land. Court has made it clear that any resistance made by any of the un-authorized occupants, including former Ministers, former legislators, shall be dealt with sternly and the authority shall proceed to evict them.
The Secretary to Government, Estates Department has been directed to file details of the State functionaries whom the available accommodation made on account of eviction has been allotted.
“He shall update the status with reference to the eviction of the un-authorized occupants by next date, including former Ministers and ex-legislators. The Director, Estates, who is present in the Court is authorized to seek police assistance as and when there is any hindrance while evicting the premises”, Court said.
It is in terms of previous directions, Principal Secretary to Government, Estates Department, has filed affidavit, providing the details as directed and stated in the affidavit that the respondent department has maintained the quota earmarked for the functionaries of the Government in tune with the regulations of 2004.
He has further stated that public persons including Legislators/ Ex-Legislators have a reserved quota under regulation 4 (e) and the allotment of accommodation to such persons is also considered on case to case basis.
“It is further stated that the State Administrative Council in terms of decision No. 105/15/2018 dated 04.10.2018, has adopted Standard Operating Procedure (SOP) for vacating Government accommodation, which decision is stated to have been notified in terms of Government order No. 98-Est of 2018 dated 15.10.2018”, read the affidavit.
He further submitted that those former Ministers, who have not vacated the Ministerial bungalows at both the places shall be evicted from one of the bungalows either at Jammu or Srinagar in accordance with Jammu and Kashmir Public Premises (Eviction of Un-authorized occupants) Act, 1988.
Eviction proceedings in respect of un-authorized occupants are accelerated in tune with the mandate of procedure and so far 74 un-authorized occupants have been evicted at Jammu and 24 un-authorized occupants at Srinagar.
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