HC rejects ex-legislators plea challenging eviction notice - watsupptoday.com
HC rejects ex-legislators plea challenging eviction notice
Posted 23 Feb 2018 04:30 PM

High Court on Thursday dismissed petitions filed by former legislators challenging notice issued by the Estates Department seeking their eviction from Government quarters under Jammu and Kashmir Public Premises (Eviction of un-authorized occupants) Act.
Justice Ali Mohammad Magrey after hearing Advocates Ashok Sharma and K.L Pandita for Choudhary Gharu Ram, Abdul Majid Mir, Sheikh Mohammad Rafi and Ghulam Mohi-ud-din whereas Advocate General Jahangir Iqbal Ganai with Government Advocate Ahtisham Bhat for the State observed that this court does not feel convinced of the case having been made out in favour of the petitioners. Instead it appears that the petitioners have apparently unauthorisedly stayed in the Government accommodations in question. “They ought to have gladly surrendered the possession of the quarter in question after they ceased to be holding any public post. This is how, reasonably, the system works. There are certain parameters those govern the allotment of government accommodation, its occupation, retention and vacation. Every administrative privilege is per se a finite affair and any otherwise impression of the occupant is a misnomer and bound to meet its fate. The petitioners do not have any right muchless an enforceable right to occupy the residential accommodation commensurate with the office (s) held by them earlier and which are beyond their present entitlement”, the court observed and added that there is catena of judgments on the issue and the courts of the country have heavily come upon the unauthorised occupants occupying the public premises beyond the permissible period thus the action of the respondents cannot be faulted.
Justice Ali Mohammad Magrey further observed that the petitioners are in possession and occupation of the premises in question for years now on the orders obtained by them during the pendency of these writ petitions hence the status quo order obtained by the petitioners cannot be allowed to run till eternity thereby prejudicing the interests and rights of those who are waiting in line having earned a right for the allotment of government accommodation.
The Court observed that in case such a trend is allowed to remain in place any further it would amount to contributing towards the wrong. With these observations High Court held that the petitions are without any merit, therefore, dismissed. “Upholding the impugned orders, the interim directions are vacated. Respondents, in particular the respondent, Director, Estates J&K, are directed to evict the petitioners from the Government accommodation in question forthwith and allot the same to the eligible applicants strictly in terms of the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004, notified in terms of Government Order No. 169-GAD of 2004 dated February 10, 2004, and report compliance to that effect”, the court observed.

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