Srinagar: The J&K High Court on Tuesday directed that unauthorised occupants, including former ministers and legislators, be evicted from the official accommodation allotted to them.
The court directed the Secretary, Estates Department, to file details of state functionaries to whom official accommodation has been allotted, along with a list of unauthorised occupants.
The court held that there shall be no compromise with reference to allowing unauthorised occupants to retain the government accommodations, including ministerial bungalows, special houses, and A-Type quarters.
“The law-abiding functionaries are otherwise required to implement the law of the land. It is also made clear that any resistance made by any of the unauthorised occupants, including former ministers and former legislators, shall be dealt with sternly and the authority shall proceed to evict them,” the court ordered.
The Director, Estates, who was present in the court, was authorised to seek police assistance as and when there is any hindrance while evicting the premises.
The IGP Kashmir and IGP Jammu were directed to cooperate with the Director Estates for ensuring eviction of unauthorised occupants.
The court also noted that the execution of eviction process shall be monitored by the Chief Secretary. “The latest status in terms of the directions passed shall be filed by the Secretary to Government, Estates Department, with the approval of the Chief Secretary,” the court recorded.
Meanwhile, in terms of the order dated 23.10.2018, Principal Secretary to Government, Estates Department, filed an affidavit providing the details as directed in terms of the said order.
It was stated in the affidavit that the respondent department has maintained the quota earmarked for the functionaries of the government in tune with the regulations of 2004. It was further stated that public persons including Legislators/ Ex-Legislators have a reserved quota under regulation 4 (e) and the allotment of accommodation to such persons is also considered on case to case basis. It was stated that the State administrative Council in terms of decision No. 105/15/2018 dated 04.10.2018 has adopted Standard Operating Procedure (SOP) for vacating government accommodation, which decision is stated to have been notified in terms of Government order No. 98-Est of 2018 dated 15.10.2018.
It was further stated that the former ministers, who have vacated one ministerial bungalow either at Srinagar or Jammu, are allowed to stay in the ministerial bungalows previously allotted in their favour up to 31st March, 2019, at the place they have opted for retention on the payment of rent/licence fee two times of the prescribed rates.
It was further stated that those former ministers, who have not vacated the ministerial bungalows at both the places shall be evicted from one of the bungalows either at Jammu or Srinagar in accordance with Jammu and Kashmir Public Premises (Eviction of Un-authorized occupants) Act, 1988. It was further stated that the eviction proceedings have been initiated against those former Ministers, MLAs/MLCs.