JAMMU: In a well-reported case seeking the eviction of former ministers and legislators from government bungalows/accommodations, in a Public Interest Litigation (PIL No.17/2020), a Division Bench of the High Court of J&K and Ladakh at Jammu comprising Chief Justice (Acting) Tashi Rabstan and Justice Moksha Khajuria Kazmi today granted time to AAG Amit Gupta appearing for the Estates Department to file the compliance report in terms of the Order dated April 03, 2022, passed by the Division Bench.
The Division Bench had issued categorical directions to the Director Estates, Jammu, and Director Estates, Srinagar to pass specific individual orders in respect of 43 occupants after hearing them. Both Directors were also directed to inform the Court how much rent these 43 persons had been paying with supporting documents, and this exercise was to be completed within a period of one month.
It was submitted that it is unfortunate that Central Ministers and MPs who lost the elections vacated the government accommodations within 15 days. However, in J&K, the last Assembly was dissolved in June 2018, and these 43 occupants have been allowed to overstay in the Ministerial Bungalows/Government Accommodations contrary to the judgments passed by the Apex Court of the Country. It was further submitted that the Estates Department is hand-in-glove with these 43 occupants despite having their own accommodations in both Jammu and Srinagar.
Advocate S.S Ahmed representing the PIL specifically referred to the case of former Deputy Chief Minister/Speaker Kavinder Gupta, who owns a residential house at Excelsior Lane, Janipur, Jammu, and the Gift Deed was also placed on record to show his title over the said house. Despite this, the Estates Department didn't evict the VVIP illegal occupant, which shows the laxity of the Estates Department.
AAG Amit Gupta submitted that a review meeting was convened on August 03, 2024, in which the Committee sought certain additional information. For this reason, he sought more time to file the compliance report.
Advocate Ahmed submitted that the review meeting is just an eyewash intended to prolong the stay of the 43 illegal occupants. He referred to an Order dated February 18, 2021, passed in WP(C) PIL No. 24/2020 titled Court on its Own Motion vs. UT of J&K and Ors., wherein the Division Bench at Srinagar had directed the Chief Secretary, J&K, and the Estates Department to evict all the Ex-Legislators without any further delay.
After hearing the contesting counsels, the Division Bench headed by Chief Justice (Acting) Tashi Rabstan granted time to the Estates Department to file the compliance report in terms of the Order dated April 03, 2022. The Division Bench also allowed time to Advocate Ahmed to place on record a copy of the Order dated February 18, 2021, passed in WP(C) PIL No. 24/2020.
Looking into the public interest involved in the matter, the Division Bench directed the Registry to re-notify the matter on August 21, 2024.
