Govt accommodation | HC quashes eviction notice against NC leader Rahim Rather

Srinagar: The High Court of J&K and Ladakh on Wednesday quashed a notice by which the former Finance Minister and senior National Conference leader Abdul Rahim Rather was asked to vacate the government accommodation.

The Estates Department had issued the notice to Rather on April 6, 2016 following which he moved the High Court to challenge it.

   

A division bench of Justice Ali Mohammad Magrey and Justice Mohammad Akram Chowdhary observed that the notice was not given effect as the same was kept in abeyance under the orders of the Court. Pending decision in the plea, the division bench observed that the government had constituted a Committee vide an order on 31 March 2016 under the Chairmanship of ADGP (Security) and its members included DC Srinagar/Jammu, Director Estates, J&K (member Secretary) and SSP (Security) Srinagar/Jammu.

“Committee is stated to have examined the case of the petitioner (Rather) and recommended his eviction on 04.03.2020, but no action is taken probably because of the pendency of the instant petition and the interim orders,” the bench said, adding, “We have also noticed that in terms of impugned notice, (Rather) was asked to vacate the accommodation by or before 15th April, 2016 on the basis of the decision of the Committee constituted pursuant to the orders passed by this Court in a (Public Interest Litigation)on 1 May 2015 but subsequent thereto the Government has allowed the petitioner to retain the accommodation and regularized the same in terms of Government order No.26-Est of 2018 dated 23.03.2018.”

In view of these subsequent developments, the court said: “We have come to the conclusion that the notice is no more in force, therefore cannot be acted upon now.” Subsequently, the court quashed the notice dated April 6, 2016. “The petitioner shall make a detailed representation along with supported documents before the Director Estates within one week from today,” the court said.

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