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news details
HC orders eviction of unauthorized occupants including ex-ministers from Estate buildings
11/13/2018 10:39:14 PM
Early Times Report

SRINAGAR, Nov 13: Any resistance made by any of the un-authorized occupants, including former Ministers, former legislators, shall be dealt with sternly and the authority shall proceed to evict them, the State high Court said today as it sought a latest status report from Estates department with the approval of the Chief Secretary regarding its directions on eviction of unauthorized occupants including former Ministers, MLAs and MLCs.
In terms of order dated 23-10-2018, Principal Secretary to Government, Estates Department, filed affidavit, providing the details, stating that the department has maintained the quota earmarked for the functionaries of the Government in tune with the regulations of 2004.
It is further stated that public persons including Legislators/ Ex-Legislators have a reserved quota under regulation 4 (e) and the allotment of accommodation to such persons is also considered on case to case basis.
It is further stated that the State administrative Council in terms of decision No. 105/15/2018 dated 04-10-2018, has adopted Standard Operating Procedure (SOP) for vacating government accommodation, which decision is stated to have been notified in terms of Government order No. 98-Est of 2018 dated 15-10-2018.
It is further stated that the former Ministers, who have vacated one ministerial bungalow either at Srinagar or Jammu are allowed to stay in the ministerial Bungalows previously allotted in their favour upto 31st March, 2019, at the place they have opted for retention on the payment of rent/licence fee two times of the prescribed rates.
It is further stated that those former Ministers, who have not vacated the ministerial bungalows at both the places shall be evicted from one of the bungalows either at Jammu or Srinagar in accordance with Jammu and Kashmir Public Premises (Eviction of Un-authorized occupants) Act, 1988.
It is further stated that the eviction proceedings have been initiated against those former Ministers, MLAs/MLCs. The Principal Secretary has stated that they are allowed Government accommodation at only one place of their choice for the entire year or till such time he/she is a member of either house of the Legislature in accordance with the Standard Operating Procedure referred above. It is further stated that the eviction proceedings in respect of un-authorized occupants are accelerated in tune with the mandate of Procedure and so far 74 un-authorized occupants have been evicted at Jammu and 24 un-authorized occupants evicted at Srinagar. It is further stated that temporarily, the process was stopped because of Annual Darbar Move and is now accelerated so as to evict the un-authorized occupants including former Ministers/MLAs and Legislators/Ex-Legislators etc., The Secretary to Government, Estates Department shall file details of the State functionaries whom the available accommodation made on account of eviction has been allotted. "He shall update the status with reference to the eviction of the un-authorized occupants by next date, including former Ministers and Ex-legislators."
The Director, Estates, who was present in the Court is authorized to seek Police assistance as and when there is any hindrance while evicting the premises.
"Both IGP, Kashmir and Jammu are directed to cooperate with the Director, Estates for ensuring eviction of un-authorized occupants," the court said, adding, "Needless to mention that the execution of eviction process for the public interest shall be monitored by the Chief Secretary."
The latest status in terms of the directions passed shall be filed by the Secretary to Government, Estates Department with the approval of the Chief Secretary, the court added.
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