DB clubs identical matters for hearing on December, 5, 2020
In a significant order a Division Bench of the J&K High Court comprising its Chief Justice Gita Mittal and First Puisne Judge Justice Rajesh Bindal after consolidating all the similar matters viz. PIL No.24/2020 titled Court on its own motion V/s U.T. of J&K & Ors; OWP No.1750/2015 titled Mohd. Yaseen Shah V/s State of J&K & Ors and the instant PIL No.17/2020 titled Prof. S.K. Bhalla V/s State of J&K & Ors has directed the Registry to list all these writ petitions highlighting illegal/unauthorized occupation of Ministerial Bungalows /A-Type Kothies and other Government Accommodations in Union Territory of J&K by the Ex-Ministers/Legislators and other former dignitaries.
When this much publicized PIL No.17/2020 highlighting illegal occupation of Ministerial Bungalows/A-Type Kothies by Ex-Ministers/ Ex-Bureaucrats came up for hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner submitted that on July, 8, 2020 the Estates Department was directed to file the status report within four weeks and additionally directions had been issued to the U.T. Administration in the Estates Department to place before the Division Bench the view taken on the representation dated May, 30, 2020 before the next date of hearing.
Advocate S.S. Ahmed further submitted that the Estates Department has been taking the directions of the Division Bench casually as it did not file the status report and on October, 7, 2020 the Division Bench on the request of Senior AAG Seema Shekhar further allowed four weeks time to do the needful positively.
Today Advocate S.S. Ahmed vehemently argued that the orders of the Division Bench have not been complied so far and he solicited orders for the personal appearance of the Administrative Secretary of Estates Department.
At this stage AAG Aseem Sawhney appearing for Estates Department submitted that he has filed the status report dated October, 2, 2020 and the same was not found on record and the Division Bench directed that let the same be brought on record.
AAG Aseem Sawhney further informed the Division Bench that similar matters covering the issue of unauthorized occupation of Govt. Accommodation is the subject matter of PIL No.24/2020 and OWP No.1750/2015.
After considering the submissions of both the sides the Division Bench directed the Estates Department to ensure the compliance by filing the status report in terms of order dated July, 8, 2020 and further directed that the instant PIL be consolidated/clubbed with PIL No.24/2020 and OWP No.1750/2015 so that the same are heard together.
Looking into the public interest involved the Division Bench directed the Registry to list all these petitions together on December, 5, 2020 for hearing.