J-K Admin Moves HC to Defer Action against Politicians Overstaying in Govt Accommodations

Citing the Model Code of Conduct, the Jammu and Kashmir estates department has sought permission from the high court to delay action until June 4 against politicians who are overstaying in government accommodations.

Senior Additional Advocate General S S Nanda lodged the application in the High Court of Jammu and Kashmir and Ladakh, shortly after the estates department issued showcause notices to former chief minister Ghulam Nabi Azad, ex-deputy chief ministers Kavinder Gupta, and Muzaffar Hussain Beigh for overstaying in government accommodations in Jammu and Srinagar.

Show Cause-Notices

The show-cause notices were served to the overstaying occupants, including J&K BJP chief Ravinder Raina and several former ministers and ex-legislators, in response to recent directives from the division bench of the high court in a Public Interest Litigation (PIL), which sought the eviction of overstaying politicians from government bungalows.

According to the showcause notices issued on April 8, the concerned politicians were instructed to appear before the director (estates) in the twin capital cities of Srinagar and Jammu either in person or through virtual mode to provide a written response along with any documentary evidence supporting their continued occupancy within 10 days.

Previous Hearing

On April 3, the division bench led by Chief Justice N Kotiswar Singh directed both directors of the estates department in Jammu and Kashmir to individually handle each case and issue specific orders either for cancellation of accommodation and eviction or for continued allotment, providing explicit reasons for their decisions.

The bench further clarified that if any individual’s accommodation is continued, specific reasons supported by necessary evidence must be provided to the Court for examination of the fairness and appropriateness of the authorities’ decisions regarding government accommodations.

Nanda filed the application seeking modification of the division bench’s order, stating that the Estates Department promptly initiated action and issued notices to the concerned occupants mentioned in the PIL. The senior additional advocate general further submitted that due to the enforcement of the Model Code of Conduct following the announcement of the Lok Sabha election schedule, there might be legal impediments in calling such occupants and passing appropriate orders on merit, in line with the court’s directions.

The Estates Department has requested permission to postpone proceedings until June 4, after which the process will be carried out to its logical conclusion to comply with the court’s directions, he said.

The division bench had also directed both directors of the estates department to inform the court about the rentals being paid by the occupants with supporting documents since they ceased to hold the offices on the basis of which they were allotted these official accommodations, and why they have not charged rental at commercial rates since they are not holding any office at present.

The case will be heard again on May 8, 2024.

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