Jammu & Kashmir High Court Seeks Compliance On Eviction Of Unauthorized Occupants From Govt Accommodations
LIVELAW NEWS NETWORK
17 Nov 2024 1:25 PM IST
The Jammu & Kashmir High Court addressed a Public Interest Litigation concerning the continued occupation of government-provided accommodations by former ministers and political persons who no longer held positions entitling them to such residences.
The court observed that despite repeated directions, the respondents, including the Estates Department, had failed to take meaningful steps to resolve the issue.
The bench, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, criticised the inaction of the Estates Department, noting that requests had merely been made to the unauthorised occupants without issuing eviction orders or imposing commercial rental charges.
Hearing the matter, Chief Justice Rabstan remarked, "It is very strange that only a request is being made to the occupants, who have been shown as unauthorized occupants after their no legal entitlement to hold the accommodations they have been holding."
The court emphasized that the Estates Department had shown no urgency in enforcing the law or recovering dues, even after elections in the Union Territory and the formation of a new government.
A PIL had previously been filed urging the court to look into allegations of misuse of government accommodations in Jammu and Srinagar, with individuals occupying these residences beyond their period of entitlement. Despite court orders, only a few occupants had vacated the premises voluntarily, leaving many still in unauthorized possession.
The court expressed its dismay at the Estates Department's approach, noting that merely making requests to unauthorized occupants, rather than issuing eviction orders, demonstrated a lack of commitment to enforcing the law. It pointed out that despite the conclusion of assembly elections and the formation of a new government in the Union Territory, no substantive action had been taken to remove unauthorized occupants from government accommodations.
The bench specifically highlighted that ex-ministers, who were allotted VIP bungalows during their tenure, continued to occupy these accommodations even after ceasing to hold any ministerial or legislative positions, underscoring the gravity of the Estates Department's failure to act.
The High Court directed the respondents to submit a comprehensive status report detailing the measures taken to evict the unauthorized occupants and to explain why commercial rental charges had not been imposed during the unauthorized occupation.
The court also sought information on the number of eviction notices issued and executed. To ensure accountability, the Commissioner/Secretary to Government Incharge Estates Department was ordered to appear in person at the next hearing to explain the delays.
The matter has been listed for further consideration on the next date, with the court expecting the respondents to file a detailed status report addressing the issues raised.
Case Title: Prof. S.K. Bhalla VS The UT of J&K & Ors.
