Fayaz Bukhari
SRINAGAR, Feb 22: The High Court today directed the Estates Department to evict the ex-legislators from Government Quarters and allot them to eligible candidates.
Upholding the eviction notices issued by the Estates Department against various ex-MLAs and MLCs, Justice Ali Mohammad Magrey dismissed the bunch of petition challenging the eviction order and directed the Director Estates, to evict the petitioners from these accommodation and allot the same to eligible candidates.
“Having regard to what has been observed herein before, the writ petitions are held to be without any merit, therefore, dismissed. Upholding the impugned orders the interim directions are vacated. Respondents, in particular the Director Estates J&K, are directed to evict the petitioners from the Government accommodation in question forthwith and allot the same to the eligible applicants strictly in terms of the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004, notified in terms of Government Order No. 169-GAD of 2004 dated 10.02.2004, and report compliance to that effect”, read the Judgment passed by Justice Magrey
Court dismissed the petitions of Choudhary Gharu Ram, Abdul Majid Mir, Sheikh Mohammad Rafi and Ghulam Mohiuddin in a common verdict with the observations that all the petitions call for adjudication of somewhat similar issue, therefore, these are taken up together and this judgment shall govern all.
Petitioner, Choudhary Gharu Ram, had moved to court to quash the notices bearing DDE/J/475 dated 16.6.2015; DDE/J/452 dated 25.6.2015; & DDE/J/460 dated 4.7.2015 where under evicting him from Govt. quarter no. 24-B Gandhi Nagar, Jammu on the grounds that he has been an active mainstream political activist and has a threat perception, therefore, was allotted the said government accommodation at Jammu and its cancellation would make him vulnerable to militant attacks.
Petitioner-Abdul Majid Mir was allotted the Government Quarter No. 137-W, Poonch House, Talab Tiloo, Jammu, he also challenged the eviction notice on the ground that he has been an active mainstream political activist and has a threat perception, therefore, was allotted the said government accommodation at Jammu and its cancellation would make him vulnerable to militant attacks; and that petitioner has been picked out of the bunch of similarly placed persons for such treatment.
However, in opposition to his pleas, respondents stated that the petitioner is an unauthorized occupant of the quarter in question as the allotment made in favour of him has expired and it has not been extended or renewed.
Sheikh Mohammad Rafi, was allotted Government accommodation on 132 Block-V, Poonch House, Talab Tiloo, Jammu, being used and occupied by the petitioner, on the grounds that he has been an active mainstream political activist and has a threat perception.
Like wise other petition was also filed on the same lines with a difference of only the impugned order being Order no. 343-Est of 2007 dated 24.10.2007 pertaining to Flat no. 86-Talab Tiloo, Block-Q, Poonch House, Jammu.
Advocate General of the State, while opposing all these petition, submitted that the respondents are duty bound to provide the Government Accommodation to the office bearers of the current dispensation and the respondents are required to make available the accommodation from those who are no more holding any public office.
He further submitted that the respondents have followed the procedure established under law and ordered the cancellation of the allotment in question and the petitioners in the quarters in question is that of an unauthorized occupant and they are continuing at the said premises in disregard of the norms and this Court cannot come to the rescue of unauthorized occupants.
Court after hearing both the parties at length observed it does not feel convinced of the case having been made out in favour of the petitioner. Instead it appears that the petitioners have apparently unauthorizedly stayed in the Government accommodations in question.
“They ought to have gladly surrendered the possession of the quarter in question after they ceased to be holding any public post. This is how, reasonably, the system works. There are certain parameters those govern the allotment of government accommodation, its occupation, retention and vacation”, Justice Magrey said.
Court said the allotment of quarter to a public servant can be cancelled at any time. However, in due regard of the applicable norms and if there is any violation on the part of the respondents to follow the prescribed Rules in this behalf, the same is obviously open to challenge in appropriate proceedings and that is exactly what the petitioners have done, as in their opinion, the action initiated by the respondents for their eviction from the government accommodation in question has infringed their right which is however, unsubstantiated.
“The court has got a chance, through the instant petitions, to know about the sorry state of affairs in the respondent department. In one of these cases there is not even any allotment order in favour of the petitioner and he is continuing in the premises and further seeks to continue”, Justice Magrey observed.
Astonishing, court said, it is that the respondent department has allowed the flats to be used without any allotment orders. This appears to be just the tip of the iceberg. The number of such cases would obviously be quite high and obviously the occupiers of such quarters would not be paying any rent or premium towards the allotment resulting in a huge loss to the public exchequer.
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