In a development of significant public interest, a Division Bench of the High Court of Jammu & Kashmir and Ladakh, presided over by Chief Justice N Kotiswar Singh and Justice Rajesh Sekhri, has issued directives related to the ownership of government accommodation in Jammu and Srinagar cities. This action follows a Public Interest Litigation (PIL) that highlights the unauthorized retention of government residences by former politicians, specifically Ministers, MLAs, and MLCs, in these cities.
Advocate Sheikh Shakeel Ahmed, along with a legal team consisting of Rahul Raina, Supriya Chouhan, M. Zulkarnain Chowdhary, and Syed Majid Shah, representing the petitioner, brought attention to Regulation 5 of the J&K Estates Department (Allotment of Govt. Accommodation) Regulations, 2004. This regulation specifies the eligibility criteria for government accommodation and disqualifies individuals who already own or possess a house in the respective city or are in default of payment of license fees, among other conditions.
Advocate Ahmed pointed out that the government had provided accommodation to numerous individuals who own houses in Jammu or Srinagar, making them ineligible for such allotments, even under the discretionary quota. To substantiate this claim, Advocate Ahmed read out the names of 48 politicians from a compliance report dated March 28, 2023. These individuals included prominent figures such as Ghulam Nabi Azad, Shamsher Singh Manhas, Kavinder Gupta, and Mehbooba Mufti, among others.
Advocate Ahmed argued that the Estates Department was applying dual standards by evicting 200 political figures, including two former Chief Ministers, in similar situations while extending special treatment to 23 politicians in Jammu city and 25 in Srinagar city, thereby disregarding the law.
In response, the Division Bench referred to its judgment from December 26, 2022, which clarified that security assessments and entitlement to government accommodation are separate matters and should not be conflated to circumvent the legal process. This judgment was influenced by a recent decision from the Delhi High Court on September 14, 2022, which rejected a petition filed by Dr. Subramaniam Swamy, a former Member of the Rajya Sabha.
Considering Advocate Ahmed’s submissions, the Division Bench directed him to provide a list of individuals who possess houses in Jammu or Srinagar, as indicated in the status report from March 28, 2023, in compliance with Regulation 5 of the 2004 Regulations. The Bench also instructed Senior AAG S S Nanda, representing the Estates Department, to confirm whether any of the individuals mentioned in the list had alternative accommodations in Jammu or Srinagar. This verification is crucial as it is against the law to provide government accommodation to those with alternative housing, as per Rule 5 of the 2004 Regulations. The Bench set a one-week deadline for this process.
Furthermore, the Division Bench asked the Estates Department to specify the nature of the accommodation provided to the allottees, ensuring that it aligns with the classification outlined in Regulation 3 of the 2004 Regulations, which determines the type of residences to be allotted.
With these directives, the Division Bench scheduled the next hearing for the PIL on September 25, 2023.
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