DB expresses anguish and terms situation intorreable
JKUT (Jammu), December-05-2020-( JNF):- Today Division Bench of J&K High Court Comprising Chief Justice Gita Mittal First Puisne Judge Justice Rajesh Bindal express its deep anguish over the approach of the estates department in not taking serious steps for vacation of Ministerial Bungalows/ Govt Accommodations from Ex-Ministers/Ex-Legislatures/ Ex-Bureaucrats in the UT of J&K.
Division Bench headed by Chief Justice Gita Mittal in the open court through video conferencing termed the situation intolerable and directed the AAGs BA Dar & Aseem Sawhney appearing for the Govt of Jammu & Kashmir and Estate Department to file a comprehensive affidavit indicating the arrears of rent, water, electricity and also amounts spent on renovation, repairs and maintenance particularly for the period of illegal occupation by the Ex-Ministers/Ex-Legislatures/ Ex-Bureaucrats.
When this PIL came-up for hearing, Adv Sheikh Shakeel Ahmed appearing for the petitioner Prof SK Bhalla submitted that since June 2018, the Ex-Ministers/Ex-Legislatures are over staying in the Ministerial Bungalows/ A Type Kothies and the Estate Department has selectively got the accommodations vacated but have not taken serious steps in ensuring the illegal occupants belonging to a particular political party.
Adv Sheikh Shakeel Ahmed specifically referred the list of unauthorized occupants furnished by AAG Aseem Sawhney with the status report filed by Estates Department pursuant to the directions of the Division Bench dated July 8, 2020.
Adv SS Ahmed referred to annexure-I wherein Estates Department disclosed the names of illegal occupants namely family of Lt sh. GM Shah (Ex-CM) Bunglow No 11 special Gandhinagar, Choudhary Lal Singh Former Minister Bunglow NO 2 PWD Gandhi Nagar, Kavinder Gupta Former Deputy CM Bunglow No 4 Special Gandhi Nagar, Sunil Sharma Ex-Minister Quarter NO 14 Special Gandhi Nagar, Ravinder Raina Ex-MLA present President BJP Quarter No 13-A Gandhi Nagar, GM Saroori Ex MLA Quarter NO 23-A Gandhi Nagar, Mohd Shafi Uri Ex-MLA Quarter NO 28-A Gandhi Nagar, Vikar Rasool Wani Ex-MLA Quarter29-A Gandhi Nagar, Shakti Raj Parihar Former Minister Qaurter NO 19-B Gandhi Nagar , Neelam Langeh Ex-MLA Quarter nO 24-B Gandhi nagar, Daleep Singh Parihar Ex-MLA Quarter NO 32-B Gandhi Nagar, Sheikh Ishfaq Jabbar ex-MLA Quarter NO 49-C Gandhi Nagar, Bali Bhagat Former Minister Bunglow No 2Wazarat Road Jammu, Sat Sharma Fomer Minister Bunglow NO 1 New Ghulami Bagh, Shukhnadan Choudhary ex-MLA Bunglow NO 3 New Ghulami Bagh, RS Pathania Bunglow NO6 New Ghulami Bagh, Rajesh Gupta Ex-MLA Jammu East Quarter NO 1 wazarat Road, Zafar Iqbal Manhas Ex-MLC Quarter No 26-A Gandhi Nagar, Prof Bhim Singh Ex-MLC Qaurter NO 30-B Gandhi Nagar (sub-judicie), Ravinder Sharma Ex-MLC Quarter NO 4-B Gandhi Nagar (sub-judicie), Vibod Gupta Ex-MLC Qtr No 53-C Gandhi Nagar, Pardeep Sharma Ex-MLC Quarter No 3 Rehari Staff, Ashok Khajuria Ex-MLC Qtr 11 Rehari staff, Tariq Ahmed Keen Political Person, Mohd Sultan Mandoo Political Person Wazira Begum District President Congress, Shilpi Verma Political Person, Mtr Hasina, Shafiq Mir Chairman Panchyat Confernce, Manohar La Gen Secy BJP.
Adv SS Ahmed also invited attention of the Division Bench towards annexure-II wherein the names of the following Ex-Ministers/ Political Persons availing Govt/private accommodation at Srinagar as on 22nd of September 2020 including Hakim Mohd Yasin Ex-Minister, Ghulam Nabi Lone (Hanjura) Ex-Minister, Syed Farooq Indrabi Ex-Minister, Zahoor Ahmed Mir Ex-Minister, Mohd Khalil Band Ex-Minister, Nazir Ahmed Khan Ex Deputy Speaker, MS Pandit Puri Ex-MLA, Aijaz Ahmed Mir Ex-MLA, Ali Mohd Dar, Ex-MLC, Bahsir Ahmed Dar Ex-MLA, Mustaq Ahmed Shah Ex-MLA, Showkat Hussain ganie Ex-MLC, Mohd Altaf Wani Ex-MLA, Dr. Bashir Ahmed Veeri Ex-MLC, Vikarma Randhawa ex-MLC, Haji Abdul Rashid Ex-MLA, Yasir Reshi Ex-MLC, Abdul Rahim Rather Ex-MLA, Mohd Yousaf Bhat Ex-MLA, Mohd Amin Bhat Ex-MLA, Shamima Firdous Ex-MLA, Mohd Abbas Ex-MLA, raja Manzoor Ex-MLA, Abdul Rahim Rather Ex-Minister, Choudhary Mohd Ramzan ex-Minister, Mustaq Ahmed Tantray (political activist), Reyaz Ahmed Mir (political activist), Nazir Ahmed Malik (political activist), Zahid Hussain jan (political activist), SS Chani (political activist), parveen Lone (political activist), Maqsood Indrabi (political activist), Mohd Yousaf (political activist), GM Sheikh (political activist) Abdul Gani Vakil Ex-MLC, Bashir Ahmed Mir Councillor SMC, Sonaullah Lone (political activist), Nasir Khan Ex-MLC, Nizam-ud-Din Bhat Ex-MLA, Rafi Ahmed Mir Ex-MLA, Shoaib Ahmed Lone Ex-MLA, Syed Mohd Rafi Shah Ex-MLC.
Adv SS Ahmed referred sorrel judgments of the Apex Court wherein the apex court has ruled that after demitting the office, the Ex-Ministers/Ex-Bureaucrats are not entitled to the Govt Accommodation. He further submitted that tme bound directions are required to be issued to the Estates Dept to ensure the vacation of Ministerial Bunglows/Govt Accommodations from Ex-Ministers/Ex-Bureaucrats.
On a specific query from the Division Bench, BA Dar AAG fairly submitted that there is no provision for providing accommodation to the ex-ministers/ex-babus in J&K. AAG Aseem Sawhney informed the Division Bench that there are regulations in J&K for regulating allotments by the Estates Department. However, Division Bench observed that there is no such provision to provide accommodations to the ex-legislators/ ex-ministers who have outlived their tenure.
Division Bench considering the seriousness of the matter, directed the Govt of Jammu & Kashmir to file separate tabulation and affidavit indicating the charges on maintenance/white wash particularly after the demoting of office by the unauthorized occupants and these details were directed to be filed within two weeks.
Division Bench further directed the Registry to serve a copy of todays’ order along with a copy of the compliance report filed by AAG Aseem Sawhney upon all those who are occupying the GOvt Accomodation.
Division Bench was also informed by AAG BA Dar that there are certain stay orders/interim directions issued from various courts and the estates departments is not in a position to proceed further in the matter. DB openly observed that any such order/direction issued in violation of Supreme Court judgments cannot be of any benefit as the law declared by the Supreme Court is the final word on the subject.
Division Bench at this stage, directed both AAGs to furnish the details of all such cases before the next date of hearing.
Looking into the importance of the matter, the DB Directed Registry to re-notify the instant PIL on December 22, 2020. JNF