The High Court Thursday directed the government to clarify within three weeks its stand on eviction of unauthorised occupants from government accommodations, warning that in case of a failure, the court would proceed against the erring officials as well as the illegal occupants.
Seeking affidavit from secretary, Estates department, a bench of Justice Ali Muhammad Magrey said: “A specific stand of the government in the matter must be conveyed, otherwise, the court shall feel constrained to proceed ahead against the erring officers of the government as also the unauthorised occupants.”
The court said that it may also direct for charging the rent from the occupants at commercial rates.
Pointing out that director, Estates department, has filed the affidavit which is deficient in details, the court said the perusal of the documents reveals that some MLAs have retained the ministerial bungalows for which the director, as well as the secretary of the department, owe an explanation. The court directed the two authorities to file affidavit disclosing why MLAs were allowed to retain such bungalows.
The director’s affidavit, the court said, does not disclose the steps taken for evicting the unauthorised occupants from government accommodations, both at Jammu and Srinagar.
“The information furnished does not also give the details of the occupants with reference to their entitlement in tune with the Regulations,” the court said.
Perusal of the documents on record, the court said, reveals that some ex-MLCs and MLAs are retaining the accommodations at Tulsi Bagh, Gupkar Road, Channapora, Sonawar, Srinagar and Gandhi Nagar Jammu.
“The director has not explained under which regulation these MLCs and MLAs are entitled for such accommodations,” the court said.
Listing the case on November 13, the court directed that a copy of its order be provided to senior additional advocate general B A Dar under seal and signatures of the bench secretary for making it available to the chief secretary.