The Jammu & Kashmir and Ladakh High Court has strongly criticized the Jammu & Kashmir government for its failure to evict former ministers and legislators from official bungalows despite them no longer holding office. The Court has also questioned why these unauthorized occupants have not been charged commercial rental rates for overstaying in the properties [Prof S. K Bhalla v/s UT of J&K and Ors].
In the case, the Division Bench, headed by Chief Justice Tashi Rabstan and Justice MA Chowdhary, raised concerns over the government’s lack of urgency in removing individuals who had lost their entitlement to the accommodations. It pointed out that only a request had been made to the former political figures to vacate, with no formal eviction orders being issued.
“The Estates Department has failed to clarify why eviction orders were not issued after the conclusion of the assembly elections in Jammu & Kashmir and the formation of a new government, allowing unauthorized individuals to continue holding official government accommodations without legal authority,” the Court observed.
The PIL, which seeks to address the issue of unauthorized occupation of government bungalows by former ministers and lawmakers, revealed that 33 individuals were occupying government accommodations without legal entitlement. The government informed the Court that, following the completion of the elections, all but two of these occupants were asked to vacate their official residences. However, the counsel for the petitioner pointed out that no substantial action had been taken to evict these individuals.
Government counsel argued that four of the unauthorized occupants had vacated the premises voluntarily following requests from the Estates Department, and others had been urged to follow suit. Despite this, the Court expressed its dissatisfaction with the progress made and demanded further clarity.
The Court has now directed the Jammu & Kashmir government to submit a detailed report by the next hearing. The report should address:
- Have legal steps been taken to evict the unauthorized occupants from government accommodations as per the list provided to the designated committee?
- How many unauthorized occupants have been served eviction notices and actually vacated their accommodations?
- Why have commercial rental charges not been imposed on the unauthorized occupants for the period they stayed in official accommodations without any legal entitlement?
In addition to the status report, the Court ordered the Commissioner/Secretary of the Jammu and Kashmir Estates Department to appear in person to explain the delays and inaction in this matter.
The case is scheduled for the next hearing on December 12.
Advocates SS Ahmed, Rahul Raina, and Supriya Chouhan appeared for the petitioner, while Senior Additional Advocate General SS Nanda represented the respondents.
