DB dismisses petitions of ex-Ministers & legislature challenging eviction notice

25/04/2018

JAMMU, Apr 24: Division Bench of the State High Court Comprising Justice Janak Raj Kotwal and Justice Sanjeev Kumar today dismissed the LPA filed by Yogesh Sawhney Ex-Minister, Ajay Sadhotra Ex-Minister and, Gharu Ram former minister and Ashok Sharma Ex-MLC challenging the eviction notice issued by the state.
Division Bench after hearing both the sides observed that appellants have been found not to possess any legal and enforceable right to retain the Government accommodation allotted to them after they ceased to be Ministers/ Legislators. The main plank of their claim that they are entitled to continue in occupation of Government accommodation because of their being protected persons does not sustain in view of the finding of the committee as stated above. There is no scope in law for allowing retention of Government accommodation beyond the period of eligibility on compassionate grounds like, ill health or education of children of the unauthorized occupant or his hailing from a remote area or not having his own accommodation in the city. The appellant, therefore, cannot be heard raising pleas that notice under section 4 of the Act was not issued or sufficient opportunity of being heard was not provided to them even though plea on that score is not otherwise maintainable as discussed above.
DB found no substance in the allegation of hostile discrimination meted out to the appellants by allowing similarly situated persons of ruling dispensation to retain the accommodation allotted to them. The report and the recommendation of the committee do not make any distinction or discrimination/among the former Ministers/Legislators who are retaining Government accommodation beyond the period of their entitlement. It recommends that all such persons may be provided alternate accommodation 'up to six months' to enable them to make arrangements of their own. It gives list of five former Ministers /Legislators residing at Srinagar who have been recommended for providing hired accommodation by the Government up to 31.3.2016 and six former Ministers / Legislators residing at Jammu, which includes herein appellants, Ajay Kumar Sadhotra, Yogesh Kumar Sawhney and Ashok Kumar Sharma, for providing them hired accommodation by the Government up to 31.12.2015.
DB further observed that no discrimination or unfavorable treatment to the appellants is evident from the report of the committee. It was stated by the learned Advocate General at bar and the Court was assured that the Government is in the process of effecting eviction of all the unauthorized occupants in light of the report and recommendations made by the committee and the notices to appellants, Ajay Kumar Sadhotra and Ashok Kumar Sharma, which were impugned in the writ petitions filed by them, have been issued in the same sequence. We trust the State Government in this regard and are not inclined to examine further the issue in this regard as we do not intend to give the benefit of negative equality to the appellants, even if the Government so far has not initiated action against some of the illegal occupants who are similarly situated with the appellants.
Upon this Division Bench observed that this court, nonetheless, put a note of caution for and remind the State Government of its duty under Article 144 of the Constitution of India to implement the judgment of the Supreme Court in S. D. Bandi's case and further remind the Government of the affidavit filed on behalf of the State of Jammu and Kashmir in that case to the effect that "Government is ready to comply with further/ additional directions being issued" by the Supreme Court.
With these observations, Division Bench dismissed the appeals as have no merits. JNF

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