Eviction of ex-Legislators from ministerial bungalows
Excelsior Correspondent
JAMMU, Aug 13: In a PIL seeking eviction of ex-Legislators from the ministerial bungalows/Govt accommodations, a Division Bench of the High Court of J&K and Ladakh comprising Chief Justice (Acting) Tashi Rabstan and Justice Moksha Khajuria Kazmi has reluctantly granted time to AAG Amit Gupta appearing for Estates Department to file the compliance report in terms of order dated April 03, 2022 whereby the Division Bench had issued categoric directions to the Director Estates, Jammu and Director Estates, Srinagar to pass specific individual orders in respect of 43 occupants.
Moreover, both the Directors were also directed to inform the DB about how much rentals these 43 persons had been paying with supporting documents and this exercise was to be completed by both the Directors within a period of 1 month.
When the PIL came up for hearing, counsels appearing for the PIL submitted that Estates Department has no respect for the orders of the Division Bench as no compliance report has been filed pursuant to the directions of the Division Bench. They further submitted that special treatment is being provided to 43 occupants who are close to the seat of power.
It was further submitted that those Central Ministers and MPs who lost the elections have vacated the Govt accommodations within 15 days. However in J&K, the last Assembly was dissolved in June 2018 and these 43 occupants have been allowed to overstay in the Ministerial Bungalows/Govt Accommodations contrary to the judgments passed by the Apex Court of the country.
AAG Amit Gupta submitted that review meeting was convened on August 03, 2024 in which the committee has sought certain additional information and for this reason, he sought more time to file the compliance report.
At this stage, counsels for the PIL submitted that review meeting is just an eye wash with a view to linger on the matter and to prolong the stay of 43 illegal occupants. They referred an order dated February 18, 2021 passed in WP(C) PIL No. 24/2020 titled Court on its Own Motion V/s UT of J&K and Others wherein the Division Bench at Srinagar had directed the Chief Secretary and Estates Department to evict all the ex-Legislators without any further delay.
After considering the submissions of both the sides, the Division Bench reluctantly granted time to AAG Amit Gupta appearing for Estates Department to file the compliance report in terms of order dated April 03, 2022. The Division Bench also allowed time to counsels for the PIL to place on record a copy of the order dated February 18, 2021 passed in WP(C) PIL No. 24/2020.
Looking into the public interest involved in the matter, the Division Bench directed the Registry to re-notify the matter on August 21.
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