Evict Employees Unauthorisedly Occupying Govt Accommodations, Collect Penal Rent: Uttarakhand High Court To State

While taking a tough stand against illegal occupations of government residences, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma observed,

“Government accommodation is allotted to government servants near to their place of work/ posting, so as to enable them to discharge their duties and responsibilities efficiently and effectively. Non-availability of government accommodation to those, who are entitle to it, is bound to impact the efficiency and functioning of government servants who are denied such accommodation due to their occupation by unauthorized occupants.”

The petitioner filed this PIL claiming that there are numerous cases of illegal occupation of government residences under Pooled Housing Scheme at New Tehri. He sought a direction to the government authorities to evict the illegal occupants and also to recover rent from them as per the Rules.

The petitioner also placed on record information obtained under the RTI Act which dates back to the year 2019. But the Court denied to act on the basis of that information as four years have elapsed in the meantime. The petitioner, however, alleged that the respondents are neither taking any effective step to evict the illegal occupants nor are they collecting the penal rents from them.

The Court opined that government accommodation is meant to be occupied by government servants who are entitled to the same under the relevant Rules. However, it expressed disappointment over the frequent cases where government accommodations are not vacated by the government servants once they retire or are transferred.

“…they continue to hold the accommodation even after their entitlement thereto has come to an end; without obtaining any extension, or; without making payment for their continued occupation. In our view, this creates difficulties for others who may become entitle to allotment of such accommodations,” the Court added.

Therefore, the Court ordered the Secretary, Uttarakhand State Estate Department, to compile information in respect of all government accommodations which are in unauthorized occupation and to compute penal charges/ rent payable by such unauthorized occupants for the accommodation unauthorizedly held by them.

It also directed to initiate proceedings for eviction of such unauthorized occupants of government accommodations and to recover penal charges from them. All these actions were required to be taken within a period of four weeks.

Case Title: Sunil Prasad Bhatt v. State of Uttarakhand & Ors.

Case No.: Writ Petition (PIL) No. 144 of 2022

Citation: 2023 LiveLaw (Utt) 3

Judgment Dated: 21^st February 2023

Coram: V. Sanghi, CJ. & A.K. Verma, J.

Counsel for the Petitioner: Mr. Mahavir Kohli, Advocate

Counsel for the Respondents: Mr. S.S. Chaudhary, Advocate