HC orders eviction of unauthorized occupants from govt accommodation

09/08/2018



SRINAGAR, Aug 8: In a significant order, Jammu and Kashmir High Court has ordered eviction of unauthorized occupants from the government accommodation in the State.
"In the meantime, Director Estates, J&K Government shall ensure eviction of all unauthorized occupants from the Government accommodations and report compliance," the single bench of Justice Ali Mohammad Magrey ordered while adjudicating on a petition titled Mohammad Yaseen Shah v/s State & Others.
The High Court has further ordered that unauthorized incumbents of the government accommodation, whose list is provided by the Director Estates to the court, shall be put on notice by the Registrar Judicial for furnishing the details of their houses in Jammu and Srinagar.
The Court observed that after hearing counsel for the parties, it has become necessary to have information from the Director Estates, J&K Government regarding details of government accommodation available in the shape of Bungalows, Government houses, Government Quarters and hired accommodation in the state.
The High Court has also sought details of the norms/ regulations/ criteria in vogue for making allotment of accommodation to Ministers, sitting and former, Judges sitting/former, Officers of Police and civil administration, sitting and former legislators, protected persons and Media-persons.
The other information sought by the court includes details of accommodation allotted/in occupation of former Ministers, former Legislators, sitting Legislators, Officers, Judges via-a-vis their entitlement; list of occupants with the details of accommodation, who are in possession of the available units as per their entitlement in tune with the regulations; list of unauthorized occupants with the details of unauthorized occupancy and the steps taken for ensuring eviction of unauthorized occupants.
"Petitioner along with all such un-authorized incumbents, whose list would be furnished by the Director, Estates, shall be put on notice by the Registrar Judicial of this Court for furnishing the details of their houses in Jammu and Srinagar," the court observed adding that the requisitioned information on affidavit by Director Estates, and other incumbents shall be furnished within a period of three weeks.
The Court further observed that B A Dar, Senior Additional Advocate General shall furnish list of all the writ petitions pending on the subject to the Registrar Judicial of the High Court, who shall list all those petitions along with this petition on the next date.
"Registrar Judicial, to send copy of the order to the Chief Secretary, Government of Jammu and Kashmir for information," the court observed.
The case has been listed for next hearing on 6 September, 2018.

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