Govt. failed to file status report, Sr. AAG allowed further four weeks
In the much publicized Public Interest Litigation (PIL No.17/ 2020) seeking directions to the Secretary to Government of J&K, Estates Department, Director Estates J&K and Deputy Director Estates Jammu to ensure the eviction of the illegal occupants (Ex-Ministers/Ex-MLAs) from Ministerial Bungalows/A Type Kothies situated at Jammu/Srinagar, the Government of Jammu and Kashmir failed to comply the directions issued by the Division Bench of the J&K High Court on July, 8, 2020 when AAG Aseem Sawhney had accepted the notices on behalf of the Government of J&K and AAG had been directed to place before the Court the view taken by the Government of J&K on the representation dated May, 30, 2020 made by the petitioner seeking eviction of Ex-Ministers/Ex-MLAs from Ministerial Bungalows/A-Type Kothies situated at Jammu/Srinagar.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the PIL whereas Senior AAG Seema Shekhar appearing for the Government of J&K, the Division Bench comprising Chief Justice Gita Mittal and First Puisne Judge Justice Rajesh Bindal expressed surprise over the non-filing of the status report despite the lapse of almost three months and the Division Bench on the request of Senior AAG Seema Shekhar issued directions for filing of the status report positively within four weeks from today and also granted time to the petitioner to file rejoinder before the next date i.e. December, 1, 2020.
When this PIL came up for hearing, Advocate S.S. Ahmed vehemently argued that it was on June, 19, 2018 when the last coalition Government came to an end and J&K came under Presidential Rule and with the fall of the Government the erstwhile Ministers/Legislators who were occupying Ministerial Bungalows/ A-Type Kothies both at Jammu as well as Srinagar were required to vacate the said accommodation allotted to them by the Estates Department.
Advocate S.S. Ahmed further submitted that the Government of J&K has selectively targeted the Ex-Ministers/Ex-MLAs as those belonging to the Ruling party in the Central Government have not been touched as they are enjoying both official accommodation as well as security/official vehicles. Advocate Ahmed further submitted that most of the Ex-Ministers/Ex-MLAs have their private houses in Jammu and Srinagar but are not interested to vacate the Ministerial Bungalows/A-Type Kothies.
Advocate Ahmed further submitted that the officers of the Estates Department are not performing their statutory duties for the obvious reasons and in view of the inaction on their part the indulgence of the Court is warranted.
After considering the submissions of Advocate S.S. Ahmed appearing for the PIL and Senior AAG Seema Shekhar appearing for Government of J&K, the Division Bench reluctantly allowed four weeks time for filing of the status report as per the directions issued on the last date of hearing and further observed that the status report be positively filed before the next date and directed the Registry to re-notify the instant PIL on December, 1, 2020. . JNF