The Jammu & Kashmir and Ladakh High Court recently directed the Jammu & Kashmir government to explain why various political persons including ex-ministers were continuing to live in their officials accommodations without holding any office and why they were not being charged commercial rental rate for the overstay [Prof S. K Bhalla v/s UT of J&K and Ors].
The Division Bench of Chief Justice Tashi Rabstan and Justice MA Chowdhary also called it strange that only a request for vacating the accommodations had been made to the unauthorized occupants even after they had lost the legal entitlement.
"The Estates department has not come forward clearly as to why it had not issued eviction orders even after conclusion of the assembly elections in the UT of Jammu and Kashmir and formation of a new Government, so as to evict the unauthorized occupants from the accommodations that they are holding without any legal authority," the Court said.
It was hearing a Public Interest Litigation (PIL) petition pertaining to unauthorized occupation of government bungalows by former ministers and former legislators in J&K.
The government recently told the Court that a total of 33 persons were found occupying the estates accommodation and except two, all were to asked to vacate the bungalows/ houses immediately after the conclusion of the election process in J&K.
The counsel representing the petitioner submitted that no steps have been taken to evict these unauthorized occupants.
In response, the government counsel said four of the those occupants vacated their accommodations on a request made by the Estates department and others have also been requested to do the needful.
The Court was unimpressed with the response filed by the government and directed it to file a latest status report before the next date of hearing to answer the following:
(i) Whether the respondents have taken steps for eviction of the unauthorized occupants in accordance with law, as per the list that has been furnished to the designated committee.
(ii) How many unauthorized occupants in the list that had been submitted by the Estates Department to this court have been issued eviction notices and evicted.
(iii) Why the commercial rental charges have not been ordered to be paid by the unauthorized occupants for the period when they were not entitled to hold the official accommodations.
The Court also directed the Commissioner/Secretary to Government of Jammu and Kashmir Estates Department to appear in person, to explain the issues raised.
The matter will be heard next on December 12.
Advocates SS Ahmed, Rahul Raina and Supriya Chouhan appeared for the petitioner.
Senior Additional Advocate General SS Nanda appeared for the respondents.
[Read Order]