SrinagarThe Jammu and Kashmir High Court on Thursday ordered eviction of at least four political activists from government quarters, observing that law does not favour the unauthorized occupants to continue enjoying the possession of the bungalows they are no more entitled to retain.
Disposing of a bunch of petitions, a single bench of Justice Ali Mohammad Magrey also expressed surprise how Estates Department allowed some flats to be used without any allotment orders at the expense of state exchequer.
The number of such cases would obviously be quite high and obviously the occupiers of such quarters would not be paying any rent or premium towards the allotment resulting in a huge loss to the public exchequer, the court said and ordered eviction of mainstream political activists including Choudhary Gharu Ram, Abdul Majid Mir, Sheikh Mohammad Rafi and Ghulam Mohi-ud-din.
They had urged the court to restrain the authorities from evicting them and their families from government quarters, contending that they are active mainstream political activist and have a threat perception and therefore the government accommodation at Jammu and its cancellation would make them vulnerable to militant attacks.
Referring to Supreme Court judgement Lok Prahari v. State of Uttar Pradesh and others, the court said that the apex court has held: A Minister which includes Chief Minister is permitted to retain his residence for 15 days after demitting office.
The law, therefore, does not favour the unauthorized occupants to continue enjoying the possession of the bungalows they are no more entitled to retain, the court said, adding that it has got a chance, through the present petitions, to know about the sorry state of affairs in the estates department. In one of these cases there is not even any allotment order in favour of the petitioner and he is continuing in the premises and further seeks to continue. Astonishing it is that the respondent department has allowed the flats to be used without any allotment orders, the court said, adding, This appears to be just the tip of the iceberg. The number of such cases would obviously be quite high and obviously the occupiers of such quarters would not be paying any rent or premium towards the allotment resulting in a huge loss to the public exchequer. I am of the view that in case such a trend is allowed to remain in place any further it would amount to contributing towards the wrong.
Subsequently, it directed Director, Estates J&K, to evict the political activists from the Government accommodation forthwith and allot the same to the eligible applicants strictly in terms of the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004.
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