[Occupation Of Govt Accommodations] J&K High Court Directs Admin To Individually Hear Overstayers Before Initiating Action

A division bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary made these observations while hearing a Public Interest Litigation (PIL) filed in 2020 challenging the allotment of government bungalows to former ministers and legislators after their terms ended.

Ensuring a proper hearing a given before authorities against these individuals the Division observed,

“The Director Estates, Jammu and Director Estates, Srinagar both shall also hear all these 43 persons individually before any such order is passed. In other words, Director, Estates, Jammu and Director Estates, Srinagar will pass specific individual orders in respect of each and every 43 persons aforementioned after hearing them and such separate individual orders shall be placed on record by the next date of hearing”.

In a previous order, the court had already clarified that security assessment and entitlement to government accommodation are separate issues and underscored that security concerns alone did not justify allotting government housing.

Building on that order the State had filed a report on 23.02.2024 regarding 43 persons who are reportedly occupying Government accommodation which according to counsel for the petitioner were contrary to the regulations and also various orders passed by the Court in this regard.

Taking note of the status report and the objections raised by the petitioners the bench directed the Directorates of Estates in Jammu and Srinagar to investigate each case individually and issue specific orders on allotment or eviction and provide clear justifications for any continued allotment, with supporting documents.

“We make it clear that if the accommodation of any individual mentioned in this 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 decision as regards the Government accommodation being presently provided to these 43 persons”, the bench remarked.

Stressing the grant of hearings to all 43 individuals before final decisions are made the bench also directed the authorities to determine and collect rental dues from these occupants, potentially at commercial rates since they no longer hold office.

Emphasising adherence to the J&K Estates Department regulations and relevant past orders the bench directed that the authorities must complete this review and submit a detailed report with their findings by May 8th, 2024.

Case Title: Prof S K Bhalla Vs UT Of J&K

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