DB directs Personal Appearance of Comm./Secy. Estates Deptt
The Diplomat Desk
Jammu:TDD, In a significant order in the much publicised Public Interest Litigation (PIL No. 17/2020) seeking eviction of over-staying Ex-Ministers/Ex-Legislators from Government Accommodation, a Division Bench of the High Court of J&K and Ladakh at Jammu comprising the Chief Justice Tashi Rabstan and Justice M. A. Chowdhary after expressing its deep anguish/displeasure over the lackadaisical approach of the Estates Department in not initiating Eviction Proceedings against the illegal occupants 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 for not initiating Eviction Proceedings against the Ex-Ministers/Ex-Legislators occupying Government accommodation at Jammu/Srinagar.
The Division Bench headed by the Chief Justice Tashi Rabstan 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 directed filing of latest Status Report indicating therein, whether the Estates Department has taken steps for eviction of the unauthorised occupants in accordance with law, as per the list that has been furnished to the Designated Committee,
ii) how many unauthorised occupants in the list that had been submitted by the Estates Department to the High Court have been issued Eviction Notices and Evicted, and
iii) why the Commercial Rental Charges have not been ordered to be paid by the unauthorised 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 evicted 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).
The said 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.
Advocate Ahmed 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 Excelsior Lane, Janipur, Jammu but Estates Department is not willing to evict the High-Profile Politician for obvious reasons whereas a Z-Category Proctectee Former Minister/MP Ch. Lal Singh was evicted from the Govt. Accommodation and even this Court held in his petition that Security and Accommodation are two distinct factors.
The Division Bench taking note of the submissions made by Advocate S.S. Ahmed observed that 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 by this Court on April 3rd, 2024 to explain as to why it has not charged rental of the accommodations held by the unauthorised occupants at commercial rates for holding the same without any office as of now.
The Division Bench further observed that the Estates Department in their status report dated August 20th, 2024 have stated that after seeking requisite details from the Deputy Director(Estates), Jammu/Kashmir found thirty three (33) occupants/political persons whose requisite details were sought to be placed before the Designated Committee.
The Designated Committee which met under the Chairmanship of IGP (Security) recommended eviction of the thirty-three occupants except two occupants figuring at Serial No. 19 and 23 and on the said recommendation the thirty-one occupants were asked to vacate the bunglows/houses immediately after the conclusion of the election process so that the accommodations occupied by them will be made available for allotment in terms of the regulations for the allotment of accommodation.
At this stage Advocate S.S. Ahmed appearing for the petitioner submitted at the Bar that despite filing of the aforesaid 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 unauthorised 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 aforesaid 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 unauthorised 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 unauthorised 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.”
With these observations and directions, the Division Bench with anguish 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 12th, 2024 for further consideration.