In a significant order a Division Bench of the J&K High Court comprising its Chief Justice (Acting) Justice Rajesh Bindal and Justice Sanjay Dhar while expressing its displeasure over the continuation of unauthorized occupation by 72 occupants over Ministerial Bungalows /A-Type Kothies by several Former Ministers/Ex-MLAs/Ex-MLCs/ Political Persons/Bureaucrats and Advocates/Public Prosecutors has observed that the occupation of the Govt. Houses is going on for years together despite categoric Judgments of the Supreme Court delivered in the year 2018 titled Lok Parhari through its General Secretary V/s the State of U.P. & Ors and the Division Bench Judgment of J&K High Court titled Thakur Randhir Singh V/s State of J&K wherein it has been held that Govt. Houses cannot be allotted to these persons.
After hearing Advocate Sheikh Shakeel Ahmed appearing for the petitioner in PIL No.17/2020 whereas AAGs B.A. Dar and Aseem Sawhney appearing for Estates Department of J&K Government, the Division Bench headed by Chief Justice (Acting) observed that compliance report dated December, 21, 2020 has been filed by the Director, Estates J&K and the Annexures attached to the same exhibit how the public properties and public money is being mis-utilized. The list of illegal occupants makes a strange reading. A Ministerial Bungalow has been provided to the family of Late G.M. Shah Ex-Chief Minister at Jammu and it was pointed out by AAG B.A. Dar that family of Late G.M. Shah Ex-CM owns a house at Srinagar where even security has been provided. The DB observed, “the question arises as to where was the need to allot house to the family of Late G.M. Shah, Ex-CM at Jammu, when the family owns accommodation at Srinagar and is residing there.”
The Division Bench referred to Annexure-I containing details of monthly security expenses being incurred by the Government on 72 persons who have been allotted Govt. Accommodation at Jammu and Srinagar and the details of the accommodations allotted to these types of persons in other cities in J&K is not forthcoming. The aforesaid information is required to be furnished before the next date of hearing.
The Division Bench further observed that some of the names, as is evident from the list, are merely mentioned as Political Workers. Some are even Advocates or Ex-Public Prosecutors. As to under what capacity they have been allotted the Govt. Accommodations is not forthcoming on record as there is no justification available. The list provided shows that by providing security to Former Minsters/MLAs/ MLCs in 09 cases only monthly expenses of Rs.32,44,713/- is being made at Jammu and Srinagar.
The Division Bench also referred Annexure-RII containing details of pending arrears of electricity and water bills against the occupants of the Govt. Accommodation. All the 72 allottees of the Govt. Accommodation, to which apparently they don’t have any right in view of the Judgment of the Supreme Court, there are lakhs of rupees due on account of electricity and water charges. Total amount due from them is Rs.56,89,524.00 and few names amongst defaulters are family of Late Sh. G.M. Shah-Rs.2,39,363/-, Ch. Lal Singh-Rs.1,81,155/-, Kavinder Gupta (Former DyCM)-Rs.7,69,659/-, Sunil Sharma (Ex-Minister)-Rs.3,73,463/-, K.B. Aggarwal (Ex-Chairperson)-Rs.4,31,906/-, Ghulam Nabi Lone Hanjura (Ex-MLA)-Rs.2,60,790/-, Nazir Ahmed Khan (Ex-Deputy Speaker)-Rs.2,52,706/-, Ms. Pandith Puri (Ex-MLA)-Rs.1,04,324/-, Abdul Gani Vakil (Ex-MLA)-Rs.5,88,444/-, Nazir Ahmed Malik (Political Person)-Rs.1,58,410/-, Zahid Hussain Jan (District President Congress)-Rs.3,31,624/-, S.S. Channi (Political Person)-Rs.1,13,752/-, Ajaz Ahmed Mir (Ex-MLA)-Rs.2,43,262/-, Bashir Ahmed Dar (Ex-MLA)-Rs.1,03,926/-, Yasir Reshi (Ex-MLA)-Rs.2,57,589/- and Raja Manzoor (Ex-MLA)-Rs.3,67,441/-.
The Division Bench also considered Annexure-RIII with the status report showing the details of Farash/Servant/Gardner/ Supervisors provided at the residence of 72 persons who have been allotted Govt. Accommodation and the monthly expenses incurred by the Government in that regard. The total monthly expenses incurred on that account for 72 persons is Rs.7,93,049/-. The only explanation given for providing servants at the expense of the Government is that the Govt. Accommodation has to be maintained by it at its expense, hence the Farash/Servant/Gardener/Supervisor have been provided. The argument apparently is misconceived as under Law or under any Rules, no such servants can be provided to a person who is not a Govt. Employee or otherwise entitled to.
The Division Bench also referred to Annexure-IV providing the information pertaining to the rent due against the occupants of the Govt. Accommodation besides the expenses incurred on its renovation and maintenance. The Division Bench referred few names against whom lakhs of rupees are due on account of rent but still they are allowed to occupy the Government Accommodation and their names alongwith arrears are Sunil Sharma Ex-Minister (Rs.2,88,860/- rent and Rs.2,70,000/- incurred on repair/renovation/white wash), K.B. Aggarwal Ex-Chairperson (Rs.1,60,046/- rent and Rs.2,80,000/- incurred on repair/renovation/white wash), Ghulam Nabi Lone Hanjura Ex-MLA (Rs.2,55,349/-), Abdul Gani Vakil Ex-MLC (Rs.5,25,825/- rent), Nazir Ahmed Malik-Political Person (Rs.1,85,250/- rent), Zahid Hussain Jan-District President Congress (Rs.1,77,330/- rent), S.S. Channi-Political Person (Rs.3,01,050/- rent), Ms. Parveena Lone-Political Person (Rs.2,88,524/- rent and Rs.50,000/- incurred on repair/renovation/white wash), Mushtaq Ahmed Tantray-Political Person (Rs.2,56,600/- rent and Rs.3,30,000/- incurred on repair/renovation/white wash), Mohd. Amin Bhat (Ex-MLA) (Rs.1,33,840/- rent and Rs.1,21,000/- incurred on repair/renovation/white wash), Reyaz Ahmed Mir-Political Person (Rs.3,80,210/- rent and Rs.90,000/- incurred on repair/renovation/ white wash), Mohd. Abbas (Ex-MLA) (Rs.1,49,569/- rent), Javid Ahmed Mir-Advocate/Political Person (Rs.2,23,480/- rent) and Rafi Ahmed Mir (Ex-MLA) (Rs.1,43,238/- rent and Rs.18,000/- incurred on repair/renovation/white wash).
The Division Bench further observed that total amount due on account of rent from occupants of these houses is Rs.55,70,535/- and besides this a sum of Rs.78,71,000/- has been spent by the Government on repair and maintenance of the houses in possession of the aforementioned persons.
The Division Bench noted with concern the case of Abdul Rahim Rather (Ex-Minister) as the status report disclosed that a private house was hired at a monthly rent of Rs.43,000/- which was in his occupation, however the same was de-hired vide order dated 23-03-2018. However he is still in possession of the said house and sum of Rs.15,48,000/- is due from him towards the landlord.
The Division Bench while parting with the order observed and directed that the concerned Departments, who are managing the Governmental residential accommodations, are directed to upload the details of all such accommodations in the U.T. of J&K on the website of the Department including the details of the persons in occupation thereof. Further specifying whether the person is a serving Govt. Employee, Retired or a Political Person.
Looking into the public interest involved, the DB directed the Registry to re-notify the instant PIL for February, 18, 2021.