HC directs for eviction
Excelsior Correspondent
SRINAGAR, Feb 18: The High Court today directed the Government to take all steps for eviction of the former Ministers, legislators, retired officers and politicians from the illegal occupation of Government accommodations and Ministerial Bungalows in tune with the mandate of law.
The Division Bench of Justice Ali Mohammad Magrey and Justice V C Koul while passing the direction for eviction of illegal occupants from the Government accommodations observed that it is unfortunate that some former Ministers, legislators, retired officers and politicians have illegally and unathorizedly managed to continue to stay in the residential accommodations provided to them by the Government though they are no longer entitled to such accommodations.
Court directed the Chief Secretary and Secretary Estates Department to take all possible steps for ensuring eviction of all illegal occupants from Government accommodations including Ministerial bungalows and special houses.
Both the officials have been directed to ensure recovery of rentals and arrears of rent from the occupants for the period for which they were in authorized or unauthorized occupation of the said accommodations as land revenue.
“The directions passed by this court from time to time in the matter of eviction and recovery of rent, shall be strictly implemented by the authorities concerned of the Government in the same spirit in which they were meant to be”, Court said.
Court while closing the proceedings of the case said, the unauthorized occupants must realize that rights and duties go correlative to each other, as the rights of one person entail the duties of another person, whereas, the duties of one person entail the rights of another person.
“In this context, the unauthorized occupants must appreciate that their act of overstaying in the premise directly infringes the right of another. No law or direction can entirely control this act of disobedience, but for self-realization among the unauthorized occupants”, court recorded.
Court said that the natural resources, public lands and the public goods, like Government bungalows and official residences are public property that belong to the people of the country.
Any former Minister or politician, court said when demits the office, is on a par with the common citizen, though by virtue of the office held may be entitled to security and other protocols as per assessment of the concerned field agency.
Court said the allotment of Government Bungalows to be occupied during the lifetime of such persons, would not be guided by the Constitutional principle of equality.
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