Fayaz Bukhari
Srinagar, Apr 8: As the Court has granted status quo to several former Ministers for occupying Ministerial bungalows, the State Government is facing accommodation crisis and has approached the High Court for vacating the status quos.
Courts have granted status quo to former Ministers Choudhary Mohammad Ramzan, Sakina Itoo, Mir Saifullah, Ajay Sadhotra and former MP Ghulam Nabi Ratanpuri for continuing to occupy Ministerial bungalows. These Ministers and MP have approached courts apprehending that the Government will vacate them from their official residences and allot them to the new ministers.
The Government has approached the High Court seeking interim direction for vacation of the status quo with respect to Set No. T-15 at Tulsi Bagh, Srinagar occupied by former Minister, Choudhary Ramzan, but Justice Ali Mohammad Magray of Jammu and Kashmir High Court has sought the list of illegal occupants from the Estates Department.
The court said: “By the medium of instant application, respondents/ non-aplicants seek vacation of interim direction dated April 2, 2015, passed in CMP no. 1034/2015, by virtue of which status quo has been ordered to be maintained with respect to Set No. T-15 at Tulsi Bagh, Srinagar, till next date before the Bench.”
The Government in its submission for the vacation of the status quo in Choudhary Ramzan case has stated: “The vacation it sought on the grounds that the Government accommodation allotted to the petitioner is required to be made available to the newly elected legislators/ Ministers; that the accommodation in question was allotted to the petitioner in his capacity as Legislator / Minister as he then was; that since the petitioner does not hold any post or position now, he is not entitled to occupy or retain the said accommodation, more so because the accommodation is required to be made available to the person who is now entitled to the same as per the rules. It is further stated that the status quo order is harshly working against the interests of State respondents who are unable to arrange accommodation and make it available for the person(s) who is/are now entitled to the same.”
The court observed that the application filed by the State-respondents reveals that Government accommodations are being unauthorisedly occupied by erstwhile Legislators/Ministers and others and such persons are perpetuating their such occupations against Rules.
“Before considering the present application for vacation of the stay order, it would be appropriate to require the State-respondents in general and the Director, Estates Department, in particular, to submit an affidavit detailing out the persons who are unauthorisedly holding and occupying the Government accommodations in Srinagar”, the court directed.
The Director Estates has been asked if there is any policy of the Government to provide accommodation to protected persons and if they have any private properties in Srinagar city limits and areas of district Budgam bordering Srinagar district. “They will also inform the Court if there is any policy framed by the State Government to provide alternate accommodation to such protected persons. I further feel that such information(s) would be inconsequential, unless the respondents also indicate the details of the private properties owned by such unauthorized occupants in and around the limits of City of Srinagar, including parts of district Budgam bordering Srinagar district.”
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