Excelsior Correspondent
Srinagar, Apr 19: The State High Court today stayed the eviction of Ex-Ministers and former legislators from Government accommodations.
Estates Department recently issued notices to the former Ministers and MLAs and they have been asked to vacate the Government accommodations as these accommodations were provided to them in the capacity of Ministers and legislators.
“After ceasing to be a Minister and legislature you were supposed to handover the possession of the said accommodation which you did not and consequently the said accommodation continues under your possession without entitlement”, reads eviction notice issued by Deputy Director Estates Kashmir, Srinagar to these former Ministers and legislators.
Those who challenged the notices of Estates Department before the court are former Minster Mir Saifullah, Chowdhary Mohammad Ramzan, Abdul Gani Vakil and Ajay Kumar Sadhotra.
These Ministers were asked to vacate the Government accommodations provided to them by the Estates Department by or before April 15 failing which action as warranted under rules shall be taken in the matter without any further notice.
Court while staying the eviction notices observed that the earlier judgment regarding the issue has not been complied within its right perspective and asked the Government to file the reply to the contentions raised by the petitioners in their fresh petitions. “Subject to objections and till next date before the bench the impugned notice(s) requiring vacation of the accommodation shall stay”, court order reads.
This is second round of litigation by these Ministers against the eviction of their accommodations as court earlier in its judgment passed in May last year, wherein Government was directed to constitute a committee headed by Additional Director General of Police, Security and comprising of District Magistrate Srinagar as well as Jammu so as to make an objective assessment of threat perception of each of petitioners.
“In the said background need to allow petitioners to retain present Government accommodation in their use or to provide alternate accommodation”, earlier judgment regarding the eviction said. Court had also asked the Committee to examine the security cover or number of security personnel required by the petitioners, so that they and their dependent family members are not exposed to any threat or risk.
The petitioners submitted that the respondent-department while issuing eviction notice have chosen illegal and arbitrary course against them which is in breach and violation of the judgment of last year as such they have been subjected to hostile discrimination by the respondent-department.
It was also submitted that they have been subjected to hostile discrimination by the respondents as they have allowed similarly situated former legislators Sartaj Madni, Rafi Ahmad Mir, Nizam-ud-Din Bhat and Mohammad Shafi Bhat to retain the Government accommodations in Tulsi-Bagh, Srinagar on one hand and on the other had proceeded to seek eviction against them.
Petitioners besides other reliefs sought a direction upon the respondents to explain the criteria being adopted and followed in the matter of allotment, retention of Government or private hired accommodation in favour of Ministers, Ex-Ministers, MLAs, Ex-MLAs, MLCs, Ex-MLCs and other protected persons.
“Respondents be commanded to produce complete record pertaining to total number of Government and private hired accommodations available with the Government as on date and the occupants occupying the same”, petition read.
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