Jammu & Kashmir High Court directs Govt to evict former ministers, legislators who are in illegal occupation of govt bungalows2 min read

By-Sakshi Singh

High Court of Jammu and Kashmir in the case of (Court on its own motion V/s Union Territory of JK &Ors), has issued direction to the Government of Jammu and Kashmir (J&K) to take every required way for ousting of the former ministers, legislators, retired officers and politicians from govt. houses and ministerial bungalows.

Court’s order

A Division Bench comprising Justice Ali Mohammad Magrey and Justice Vinod ChatterjiKoul took cognizance to the fact that some of the former ministers, law makers and politicians are still illegally occupying govt. houses despite no longer being authorized for the same.

The observations and directions of the court came in a suomotu case initiated by the Court to deal with the issue of illegal occupants of gov houses.

The bench observed that the illegal occupants must realize that rights and duties are co-existive to each other, in as much as the rights of one person demands the duties of another person, whereas, the duties of one person necessitate the rights of another person.

Therefore, the Court has moved to direct the Chief Secretary and Secretary Estates Department to take all necessary moves in other to make sure eviction of all illegal current residents from government accommodations including ministerial bungalows and special homes.

“The Chief Secretary of the Government of Jammu and Kashmir and the Secretary to Government of Jammu and Kashmir, Estates Department, shall take all possible steps for ensuring eviction of the illegal/unauthorized occupants including former Ministers, Legislators, Retired officers, Politicians, Political persons from Government accommodation comprising Ministerial Bungalows and Special Houses in tune with the mandate of law provided by the Supreme Court in the two Judgments in case titled SD Bandi v. Divisional Traffic Officer, Karnakata (2013) and LokPrahari v. State of Uttar Pradesh &Ors. (2016),” the Court ordered.

Further, the Court also directed both the departments to secure recovery of rent as land revenue from the residents of the govt. houses for the period for which they were in authorized or unauthorized occupation of such bungalows.

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