Do not Evict Ex-Legislators Without Hearing: Jammu & Kashmir HC to Administration

The Jammu and Kashmir and Ladakh High Court, in response to a petition seeking eviction of former ministers and legislators overstaying in government accommodations in Jammu and Srinagar, directed the administration to hear the former legislators before taking any action. A division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary passed this directive.

It instructed the directors of estates in Jammu and Srinagar to deal with each of the 43 occupants individually and pass specific orders, either for cancellation of accommodation and eviction or for allotment, providing specific reasons for their decisions.

The bench emphasized that if any individual’s accommodation is continued, specific reasons supported by necessary materials must be provided for the court’s examination.

Advocate Sheikh Shakeel Ahmed, representing the petitioner, and Senior Additional Advocate General S S Nanda, representing the Jammu and Kashmir government, presented arguments before the bench. The division bench directed that the directors of estates in Jammu and Srinagar hear these 43 individuals individually before passing any order.

Furthermore, the court instructed the officials to provide information on the rentals being paid by these individuals, who no longer hold offices, and why they have not been charged rental at commercial rates. The court stressed that while passing separate orders for the occupants, authorities should consider the provisions of the J&K Estates Department (Allotment of Government Accommodation) Regulations, 2004, and various court orders.

During the hearing, Advocate Ahmed drew attention to the latest status report and pointed out that many overstaying ex-legislators have their own houses in Jammu and Srinagar, yet the estates department is not evicting them due to their political influence. He highlighted cases such as those of former chief minister Ghulam Nabi Azad, former deputy chief minister Kavinder Gupta, and former minister Sajjad Lone, arguing that dual standards have been adopted by the estates department based on political considerations.

After considering arguments from both sides, the bench directed the department to fulfill the court’s orders within one month and to provide details by filing an affidavit by May 8, 2024.