Eviction of over-staying ex-Ministers, legislators
*Expresses displeasure over lackadaisical approach
Excelsior Correspondent
JAMMU, Nov 12: In a significant order in the much publicized Public Interest Litigation (PIL) seeking eviction of over-staying ex-Ministers/ex-Legislators from Government accommodation, a Division Bench of the High Court of J&K and Ladakh comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary today expressed deep anguish/displeasure over the lackadaisical approach of the Estates Department with regard to eviction proceedings against the illegal occupants.
Moreover, DB has directed the personal appearance of the Commissioner/Secretary to Government of J&K, Estates Department on the next date of hearing to explain the position with regard to dilatory tactics adopted by the department.
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After hearing Advocate S S Ahmed with Advocates Rahul Raina, Supriya Chouhan and M Zulkarnain Chowdhary appearing for the petitioner and Senior AAG S S Nanda appearing for UT Administration/Estates Department, the DB directed filing of latest status report indicating therein, whether the Estates Department has taken steps for eviction of the unauthorized occupants in accordance with law, as per the list that has been furnished to the Designated Committee, how many unauthorized occupants in the list that had been submitted by the Estates Department to the High Court have been issued Eviction Notices and evicted, and why the Commercial Rental Charges have not been ordered to be paid by the unauthorized occupants for the period when they were not entitled to hold the official accommodation.
Advocate S S Ahmed vociferously argued that the Estates Department has double standards and two yardsticks as it evicting two former Chief Ministers and more than 180 politicians belonging to different political parties but extended undue favour to 48 politicians (23 in Jammu and 25 in Srinagar).
“These politicians were not issued Eviction Notices despite having lost their entitlement to retain the Government accommodation and are also having their own residential houses in the capital cities”, he said and specifically pointed out in the open court the name of former Deputy Chief Minister Kavinder Gupta, who is having a palatial double-storeyed residential house at Janipur but Estates Department is not willing to evict him for obvious reasons whereas a Z-Category protectee former Minister/MP Ch Lal Singh was evicted from the Govt accommodation and even court held in his petition that security and accommodation are two distinct factors.
Taking note of the submissions made, the DB observed, “this PIL has been sub-judice before this court since the year 2020 and the Estates Department has been proceeding in the matter at snail’s pace”. The Division Bench also expressed its concern that the Estates Department has not clearly filed response with regard to the direction passed on April 3rd, 2024 to explain as to why it has not charged rental of the accommodations held by the unauthorized occupants at commercial rates for holding the same without any office as of now.
Advocate S S Ahmed further submitted at the Bar that despite filing of the status report dated September 11th, 2024 wherein it was divulged that thirty-one occupants have been asked to vacate the accommodations on completion of the election process, no steps have been taken by the Estates Department to evict the unauthorized occupants who have been holding the Estates accommodations without being entitled to retain the same for the years now.
On being questioned by the Division Bench, the Senior AAG S S Nanda appearing for the Estates Department submitted in rebuttal that four of the occupants on a request made by the Estates Department have vacated their accommodations and others have also been requested to do the needful.
Upon this, the Division Bench came down heavily upon the Estates Department and while expressing its serious displeasure observed, “It is very strange that only a request is being made to the occupants, who have been shown as unauthorized occupants after their no legal entitlement to hold the accommodations they have been holding. The Estates Department has not come forward clearly as to why it had not issued eviction orders even after conclusion of the Assembly elections in the UT of Jammu and Kashmir and formation of a new Government, so as to evict the unauthorized occupants from the accommodations that they are holding without any legal authority”.
“It has been brought to our notice that the ex-Ministers who had been allotted the VIP bungalows at the time when they were Ministers have been holding the same accommodation even after ceasing to be Ministers or even legislators”, the DB said and directed the personal appearance of Commissioner/Secretary to Government of J&K Incharge Estates Department on the next date of hearing to explain whole of the matter along with the latest Status Report about the three issues formulated by the Division Bench.
Looking into the importance and public interest involved in the matter, the Division Bench directed the Registry to re-notify the instant PIL on December 12 for further consideration.
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