Evict ex- JRC from official accommodation in Mumbai: High Court to PRC

Greater Kashmir

Srinagar, Aug 22: The state High Court on Friday directed Principal Resident Commissioner J&K government in New Delhi to file personal affidavit indicating the steps taken for eviction of an ex-Joint Resident Commissioner of the state from the official accommodation unauthorizedly occupied by him in Mumbai.
 A bench of Justice Ali Muhammad Magrey passed the direction after the Joint Resident Commissioner J&K government in Mumbai, Javid Ahmad Shah approached the court through his counsel Muhammad Yousuf Bhat seeking eviction of his predecessor Asif Ali Khan from the official accommodation meant for Joint Resident Commissioner in Mumbai.
The petitioner pleaded that Khan was transferred in 2011 as Joint Resident Commissioner Mumbai and posted as Additional Resident Commissioner Delhi contending he continues to occupy the official accommodation in Mumbai– Flat No. 43, Doulat Building Colaba in Mumbai.
He contended that Khan on his transfer as Joint Director Information Kashmir in 2011 approached the court with a contention that his children were having their schooling in Mumbai so he be permitted to retain the official residence for a period of 6 months.
The court on September 14, 2011 while dismissing the petition directed that the official be permitted to retain the accommodation in Mumbai for three months. He was however asked to file an undertaking that he would vacate the official accommodation before the expiry of three months. “Khan despite filing an undertaking failed to vacate the premises before three months,” the counsel pleaded.  In 2012 Khan filed another petition claiming retention of possession of the flat till he was evicted under law but the petition was dismissed by the court.
“Admittedly the respondent No. 5 (Khan) is occupying premises of Flat No. 43 at Doulat Building Colaba, Mumbai unauthorisedly and against the undertaking furnished by him before the court and the official respondents,” the court said.
The court observed that the concerned authorities have failed to ensure implementation of the policies, laws and orders of the court on the subject saying it is also fact that the petitioner has remained without accommodation for last three years.
The court directed Secretary GAD, Principal Secretary Housing, Principal Secretary Chief Minister and Principal Resident Commissioner New Delhi to ensure handing over of possession of Flat No. 43 in Mumbai within two weeks to the Joint Resident Commissioner for his residential purpose.   “In failure, the Principal Resident Commissioner J&K government in New Delhi will remain present in the court on next date of hearing,” the court said.