Kashmir

HC directs former Ministers, legislators to vacate Govt accommodation in one month

Srinagar: The High Court has termed the occupation of Government accommodations by the former Ministers, legislators and other politicians as unfortunate as they are not entitled for such accommodations and directed them to handover their occupied accommodations to the authorities within one month.

Justice Ali Mohammad Magrey dismissed the plea of petitioners seeking quashing of their eviction from the Legislators’ Hostel situated at M A Road Srinagar. Justice Magrey said it is very unfortunate that some Ministers, legislators, retired officers, politicians and political persons have illegally and unauthorizedly managed to continue to stay in residential accommodations provided to them by the Government of J&K though they are no longer entitled to such accommodations.

Justice Magrey added that many of such persons continue to occupy residential accommodation commensurate with the office held by them earlier and which are beyond their present entitlement. The unauthorized occupants court said, must realize that rights and duties go correlative to each other, as the rights of one person entail the duties of another persons, whereas, the duties of one person entail the rights of another person.

“In this context, the unauthorized occupants must appreciate that their act of overstaying in the premise directly infringes the right of another. No law or directions can entirely control this act of disobedience but for self-realization among the unauthorized occupants”, Justice Magrey recorded.

Court further added that the natural resources, public lands and the public goods, like Government bungalows, official residences are public property that belong to the people of the country. “Any former Minister, Legislator, Retired Officer or politician once demits the office is at par with the common citizen and allotment of Government bungalows to be occupied during the lifetime of such persons, would not be guided by the Constitutional principle of equality”, the court recorded.

Court said the petitioners are in possession and occupation of the premises in question on the interim directions of the court which makes it clear that the eviction proceedings have been hijacked by the unauthorized occupants.

“The stay order obtained by the petitioners cannot be allowed to run till eternity, thereby prejudicing the interests and rights of those who are waiting in queue having earned a right for allotment of such Government accommodation”, Court said.

Court while dismissing the petition also vacated the interim directions and held that the continuous occupation and possession of the Government accommodation in question by the petitioners as bad in law and directed them to hand over the possession of the Government accommodations occupied by them within one month from today.

Court, in turn, directed the authorities to recover appropriate rent from the petitioners for the period during which they were in authorized or unauthorized occupation of the said accommodations. Court has made it clear that the petitioners are at liberty to approach the competent authority in the Government of J&K with regard to their contentions qua the threat perception to the life and liberty of their own as well as their family members and seek redressal of their grievance. (Daily Excelsior)

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