Unauthorised occupants of Govt accommodations: Court directs CS, Secretary Estates to take all possible steps for ensuring eviction

STATE TIMES NEWS

SRINAGAR: A Division Bench of J&K High Court Srinagar Wing comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, while disposing of PIL, directed that Chief Secretary of the Government of Jammu and Kashmir and Secretary to Government of Jammu and Kashmir, Estates Department, shall take all possible steps for ensuring eviction of illegal/ unauthorised occupants (former Ministers/ Legislators/ Retired Officers/ Politicians/ Political persons) from Government accommodations, including Ministerial Bungalows/ Special Houses (A-type, B-type and C-type quarters), in tune with mandate of law provided by the Supreme Court.
DB further directed Chief Secretary of Government of Jammu and Kashmir and Secretary to Government of Jammu and Kashmir, Estates Department, to ensure recovery of rent/ arrears of rent from occupants of Government accommodation for the period, for which they were in authorised/ unauthorised occupation of aforesaid accommodation as Land Revenue.
DB also directed that the directions passed by this Court from time to time in the matter of eviction of unauthorised/ illegal occupants from Government accommodation and recovery of rent thereof, earlier in point of time, shall be strictly implemented by the authorities concerned of the Government of the Union Territory of Jammu and Kashmir in the same spirit in which they were meant to be.
After having been registered as a Writ Petition, in Public Interest, at the instance of this Court, the matter came up for consideration on November 12, 2020, on which date, this Court, while issuing notice to the respondents, directed the respondents to file details of properties/ official accommodations which are under illegal occupation of the erstwhile allottees including ex-Ministers/ ex-Legislators/ Bureaucrats in the Union Territory of Jammu and Kashmir. In compliance of the aforesaid directions, the Secretary to Government of the Union Territory of Jammu and Kashmir, Estates Department, has filed the action taken report on November 26, 2020.
DB further observed that at the very outset, we wish to observe that it is unfortunate that some former Ministers/ Legislators/ Retired Officers/ Politicians/ Political persons, etc., have illegally/ unauthorisedly managed to continue to stay in the residential accommodation provided to them by the Government of Jammu and Kashmir, though they are no longer entitled to such accommodation.
Many of such persons continue to occupy residential accommodation commensurate with the office(s) held by them earlier and which are beyond their present entitlement.
The unauthorized occupants must realize that rights and duties go correlative to each other, inasmuch as the rights of one person entail the duties of another person, whereas, the duties of one person entail the rights of another person.
In this context, the unauthorized occupants must appreciate that their act of overstaying in the premise directly infringes the right of another. No law or direction can entirely control this act of disobedience, but for self-realization among the unauthorised occupants.
Apart from the above perspective, it, needs, must be said that the natural resources, public lands and the public goods, like Government bungalows/ official residence are public property that belong to the people of the country.
The ‘Doctrine of Equality’, which emerges from the concepts of justice and fairness must guide the State in the distribution/ allocation of the same. Any former Minister/ Legislator/ Retired Officer/ Politician/ Political person, once he/ she demits the office, is on a par with the common citizen, though by virtue of the office held, he/ she may be entitled to security and other protocols as per assessment of the concerned filed agency.
But allotment of Government bungalow, to be occupied during the lifetime of such persons, would not be guided by the constitutional principle of equality.
DB observed, “Court is of the considered view that although there is no requirement of issuing any further directions, than the ones already passed by the Supreme Court, but, with a view to lend a sense of clarity to entire issue, we feel that no useful purpose can be achieved by keeping this Petition pending before this Court and that the same can be disposed of in view of directions passed by the Apex Court of the country.”