In the much publicized Public Interest Litigation (PIL) seeking eviction of ex-Ministers/ex-Legislators from Ministerial bungalows, a Division Bench of the High Court of J&K and Ladakh comprising Chief Justice Tashi Rabstan and Justice Rajesh Sekhri expressed deep anguish over the lackadaisical approach of the Estates Department.
Moreover, the High Court again issued directions to the Government to file updated status report with respect to the occupants—-Kavinder Gupta (former DyCM), Sat Sharma (President BJP), Surinder Ambardar (ex-MLC) and Zaffar Iqbal Manhas (ex MLC) and also the eviction process and payment of penal rent of five persons namely S S Channi (Political Person), Mohd Abbas Wani (ex-MLA), Abdul Rahim Rather (ex-MLA), former Minister and Vibodh Gupta (ex-MLC).
The DB also made it clear that in case the updated status report is not filed the Commissioner/Secretary Incharge Estates Department shall remain present in the court on the next date of hearing.
When this much publicized PIL came up for hearing, Advocate S S Ahmed with Advocates Rahul Raina, Supriya Chouhan and Mohd Zulkarnain Choudhary drew the attention of the Division Bench towards the last order dated November 7, 2024 wherein the Division Bench had issued detailed directions including personal appearance of Commissioner/ Secretary, Estates Department and Advocate SS Ahmed submitted that the Administrative Secretary Estates have no regards/respect for the highest court of the UT as he is not present before the Division Bench and the status report is also half hearted aimed to shield so called unauthorized occupants.
He vehemently argued that in one UT there cannot be two laws with regard to eviction of unauthorized occupants. He further submitted that two former Chief Ministers and around 180 politicians were evicted by the Estates Department but 43 blue eyed occupants are enjoying the patronage of the Estates Department for obvious reasons.
After considering the heated arguments of Advocate SS Ahmed, the Division Bench observed, “as per the status report, the designated committee constituted under Govt Order of 2016 has recommended continuation of allotment in respect of Ghulam Nabi Azad, former Chief Minister and Ravinder Raina, former State President of BJP and vacation of accommodation of rest of the unauthorized occupants after the completion of election process”.
“After the elections, seven persons have been elected as MLAs and their fresh allotment is stated to be under consideration of the competent authority and matter with respect to four others is also under examination. As per the status report, 15 occupants namely Zahid Hussain Jan (Political Person), Abdul Majid Paddar (ex MLA), Abdul Gani Vakil (ex- MLA, Hakeem Mohd Yaseen (ex-MLA), Bashir Ahmed Dar (ex-MLA), Mohd Amin Bhat (ex-MLA), Yasir Reshi (ex.MLC), Raja Manzoor (ex-MLA), Sofi Mohd Yousuf (ex-MLC), Tariq Hussain Keen (Political Person), G M Saroori (ex. MLA), Sheikh Ishfaq Jabbar (ex-MLA), family of late Rajesh Gupta (ex-MLA), Pardeep Sharma (ex-MLC) and Neelam Langeh (ex-MLA) have vacated the Govt quarters/bungalows and eviction process of five others stands completed and notice for payment of penal rent stands issued against them.
With respect to payment of commercial rental charges, it has been submitted that as per Govt Order No.99-Est. of 2018 dated 15.10.2018, penal rent is charged after issuance of final eviction order and provision of market rate becomes applicable in case accommodation is not vacated even after three months.
Senior AAG S S Nanda appeared for Govt of J&K/ Estates Department. Looking into the importance of the matter, the Division Bench directed the registry to re-notify the instant PIL on January 2, 2025. (Excelsior)
