Eviction of Ex-Ministers/Ex-MLAs from Govt Bungalows
STATE TIMES NEWS
JAMMU: In the much publicized Public Interest Litigation (PIL 17/2020) seeking eviction of over-staying Ex-Ministers/Ex-Legislators from Ministerial Bunglows/ A & B Type Kothies/ Govt Flats, a Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi allowed the application filed by Estates Department seeking extension of time in complying the directions of the Division Bench dated April 3, 2024 whereby the Division Bench had directed the Director Estates Jammu/Kashmir to individually issue show cause notices to the overstaying 42 politicians including Former Chief Minister, Two Deputy CMs and ors.
While allowing the application filed by Estates Department seeking extension of time to implement the order of Division Bench, the Division Bench headed by Chief Justice N Kotiswar Singh after hearing Sr. AAG SS Nanda appearing for the UT Administration and Advocate Supriya Chouhan appearing for the PIL, observed and directed that in view of ongoing election process, although the court had directed the Estates Departments to conclude the process by May 8, 2024. However, the Division Bench allowed the authorities to conclude the same after the election process is over and directed the Registry to list the main matter on June 5, 2024.
It may be recalled that the Division Bench on April 3, 2024 had issued significant directions requiring Estates Department to make all 42 over-staying politicians to appear before the Director Estates Jammu/Srinagar in person or through virtual mode for giving the written response along with the documentary evidence if any, in support of continuation of accommodations of allotment at Jammu/Srinagar or otherwise within 10 days from the date of receipt of these notices.
The Division Bench had further directed the authorities to pass specific individual orders either for cancellation of accommodation and eviction therefrom or allotment thereof by giving specific reasons for doing so. Further the Division Bench had clarified if the accommodation of any individual mentioned in the report is continued, specific reasons supported by necessary materials, must be provided before this Court so that this court will examine as to whether the authorities have taken an appropriate and fair decisions as regards the Govt accommodation being presently provided to these 42 political persons.
Needless to mention herein the Estates Department pursuant to the directions of the Division Bench dated April 3, 2024 has already issued show cause notices to 42 occupants including Former Chief Minister Ghulam Nabi Azad, Former Deputy Chief Ministers Muzaffar Hussain Beigh and Kavinder Gupta, Former Ministers Sajad Gani Lone, Moulvi Imran Raza Ansari, Sat Sharma, GM Saroori, Sunil Sharma, Abdul Gani Vakil, Abdul Majid Paddar, Hakeem Mohd Yaseen, Former MLAs/MLCs Ravinder Raina State President BJP, RS Pathania, Pardeep Sharma, Family of Lt Rajesh Gupta, Vibod Gupta, Daleep Singh Parihar, Ravinder Sharma Neelam Langeh, Shoib Nabi Lone, Haji Abdul Rashid, MS Pandit Puri, Raja Manzoor, Nizamuddin Bhat Ex-VC J&K Muslim Specified Waqaf and Waqaf Properties, Mir Mohd Fayaz (Ex-MP), Zaffar Iqbal Manhas, Abdul Rahim Rather, Bashir Ahmed Dar, Mohd Amin Bhat, Sofi Yousaf, My Tarigami, Yasir Reshi, Surinder Ambardar, Mohammad Abbas Wani, Political Persons namely Shafiq Mir Chairman Panchayat Conference, Shilpi Verma, Tariq Hussain Keen, Shiekh Ishfaq Jabbar, Zahid Hussain Jaan, SS Channi, Sonaaullah Lone, Reyaz Ahmed Mir and ors. The Estates Department in its application sought the extension of the ground that in view of the enforcement of model code of conduct, there may be legal impediment in calling the 42 occupants and passing orders of merit, in furtherance of directions passed by the Division Bench on April 3, 2024.