HC seeks records of accommodation to NC leader

Excelsior Correspondent
Srinagar, July 23: The High Court has sought records of Government accommodation which is in possession of senior National Conference (NC) leader Abdul Rahim Rather of which the Estates Department has sought eviction.
The direction has been passed by the division bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary to the plea of petitioner-Rather who has challenged the eviction notice.
The court while examining the plea of petitioner-Rather and the contention as raised by his counsel against the eviction sought the records of the eviction notice.
“We could not find any detailed reasoning supplied in the notice, therefore, it has become necessary to ask the Director, Estates Department, J&K, Srinagar, to submit the records mention whereof is made in the notice impugned”, the DB directed. The court said till such time Rather shall retain the accommodation in question.
Rather in his petition has challenged the eviction notice bearing No. DDES/Pvt. house/2016/681-82 dated 6.4. 2016, on various grounds detailed out in the petition, with particular reference that government accommodation is provided to him on the status of his being an ex-Legislator in tune with the entitlement under Regulation 4(e) of the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations.
Petitioner demonstrates that he is entitled to accommodation under 5% discretionary quota as a former Legislator and additionally claims such accommodation on the ground of having been assessed as Z+ Category, on the basis of threat.
The Government refused entitlement of the petitioner qua the Government accommodation or private hired accommodation as he has lost the status of Minister and also disputes the deposition or acceptance of any rent on account of private accommodation as claimed by the petitioner, provided by the Estates Department. It is said that the only deposition the petitioner is making reference is qua the charges for utilization of furnishing and furniture.
He has also stated that on losing the status as Minister of Government of Jammu and Kashmir, he was allotted Private House No. 7, Humhama, Srinagar, which was extended by the Government w.e.f. 01.05.2015. His counsel informed the court that he is occupying the aforesaid accommodation since its allotment and is continuously depositing the rent, which as stated, is acknowledged by the Deputy Director, Estates, Srinagar.
The Court has been apprised that the petitioner is not claiming continuation of the alleged accommodation as a matter of right as a former Minister but due to discretion under drawn in the case when he has threat to his life, which is assessed by the security agencies of the Government of Jammu and Kashmir. It is submitted that the Government of Jammu and Kashmir cannot by any stretch of imagination deprive the petitioner from the right of protecting his life as guaranteed under Article 21 of the constitution of India and the Government is under an obligation to provide not only the security but accommodation also under 5% discretionary quota in terms of provisions as aforesaid said.
While strengthening his claim further qua relief prayed for in the writ petition, he has made reference to the deposition of rent continuously. Government resists the retaining accommodation and submits that by application of law including the rulings of Supreme Court as also the directions passed by this Court in a batch of appeals, the petitioner has lost right of continuation in the Government accommodation or hired accommodation.