Jammu March-20-2024-( JNF):- Today in the much publicized PIL highlighting occupation of Ministerial Bungalows/A-Type/B-Type Kothis/Flats by Ex-Legislators/Ex-Ministers, Advocate S.S. Ahmed appearing for the petitioner in PIL No. 17/2020 highlighted the dual standards of the Estates Department by giving undue favour to certain Ex-Ministers/Ex-Legislators who are overstaying in the Govt. accommodation despite having lost the eligibility and are having their own residential houses in Jammu/Srinagar.
When this PIL came up for hearing, Advocate S.S. Ahmed with Advocates Rahul Raina and Syed Majid Shah appearing for the petitioners, drew the attention of the Division Bench comprising the Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary towards the Order dated September 13, 2023 wherein the Division Bench had taken note of Regulation 5 of J&K Estates Department (Allotment of Government Accommodation) Regulations, 2004 which clearly provides that Residential Accommodation shall not be allotted to persons who own or possess a house in the concerned city whether in proprietorship or lease or otherwise, whether by themselves or through their spouses, sons, unmarried daughters or parents.
Advocate S.S. Ahmed vehemently argued that more than 45 Ex-Ministers/Ex-MLAs having their own accommodation are being allowed to continue in the Govt. accommodation despite having lost their entitlement and are also having their own accommodations in the capital cities either directly or through their kith and kins.
Advocate S.S. Ahmed specifically pointed out the case of Ex- Deputy CM/Ex-Speaker, J&K Govt. Kavinder Gupta who in response to the communication of Estates Department with regard to Regulation 5 stated that an ancestral house is there which has been occupied by the other family members i.e. brothers.
Advocate S.S. Ahmed further submitted that the petitioner had placed on record a copy of Gift Deed dated 10.08.1987 executed between Kavinder Gupta, former Deputy CM and one Yog Raj Singh with regard to land measuring 1 Kanal bearing Khasra No. 331 min Khewat No. 47 min Khata No. 559 at Paloura, Janipur (Excelsior Lane) and pursuant to the directions passed by the Division Bench on 05.12.2023 in CM No. 7532/2023 when the Division Bench directed the Estates Department to ascertain the correctness of the Gift Deed dated 10.08.1987 and also of the persons namely Yog Raj Singh and Kavinder Gupta (Former Deputy CM, J&K).
Advocate S.S. Ahmed further submitted that pursuant to Order dated 15.12.2023, the Estates Department through Sr. AAG S.S. Nanda has filed a fresh Compliance Report and with regard to the Gift Deed executed between Kavinder Gupta and Yog Raj Singh, the Status Report states that, “Response filed on 09-01-2023, stating therein that an ancestral house at Excelsior Lane, Janipura, Jammu, a deed was too executed between Mr. Yog Raj Singh and applicant (Mr. Kavinder Gupta). But at present, two families of two brothers of applicant are putting up there. He further states that having a sparse space and lesser consideration of security requirements of the applicant, he had applied for the current accommodation (of Estates Department).”
Advocate S.S. Ahmed vociferously argued that this is a classic case of express violation of Regulation 5 as former Dy. CM Kavinder Gupta is owner of a double-storeyed residential house at Excelsior Lane, Janipur, Jammu and misled the Estates Department by stating wrongly that it was an ancestral house when the fact remains that the land was gifted to him by one Yog Raj Singh in 1987.
Advocate S.S. Ahmed further submitted that this is just a tip of an iceberg as Estates Department is in connivance with other high-profile occupants also as he has furnished a list on 09.06.2023 before this Court indicating the particulars/addresses of the personal accommodations of the overstaying Ex-Legislators.
After considering the submissions of Advocate S.S. Ahmed, the Division Bench headed by the Chief Justice N. Kotiswar Singh in the open Court asked Advocate General D.C. Raina with regard to the violation of Regulation 5 as indicated above and to this, the Advocate General D.C. Raina appearing for UT Administration submitted that Senior AAG S.S. Nanda is unwell and the PILs have been entrusted to him but Advocate S.S. Ahmed submitted that this matter is of wide public importance and the public at large is awaiting its outcome at an earliest.
Upon this, the Division Bench looking into the urgency expressed by Advocate S.S. Ahmed, directed the Registry to re-notify the instant PIL on 03.04.2024 JNF