Jammu and Kashmir High Court seeks eviction of unauthorized occupants from government premises

The court noted that, despite repeated instructions, the defendants, including the Department of Property, did not take significant steps to resolve the problem.

Folding bench The chief judge is Tashi Rabstan and Judge M. AND. Choudharycriticized the inaction of the Property Department, noting that inquiries were simply made to unauthorized occupants without issuing eviction orders or charging commercial rents.

Hearing the case, Chief Justice Rabstan observed, “It is very strange that the inquiry is only being made to residents who have been shown to be unauthorized occupants after they have no legal right to the accommodation they have been occupying.”

The court emphasized that the Estates Department had not shown any urgency in enforcing the law or collecting the fees even after the elections in the Union Territory and the formation of the new government.

Earlier, a PIL had been filed urging the court to look into the allegations of misuse of government accommodation in Jammu and Srinagar where individuals were living in these accommodation after their eligibility had expired. Despite court orders, only a few residents voluntarily vacated the premises, leaving many in unauthorized possession.

The court expressed its dismay at the Lands Department’s approach, noting that simply approaching unauthorized occupants, rather than issuing eviction orders, demonstrated a lack of commitment to comply with the law. He pointed out that despite the completion of assembly elections and the formation of a new government in the Union Territory, no substantial steps have been taken to evict unauthorized occupants from government premises.

The court particularly pointed out that former ministers who were allotted VIP bungalows during their tenure continued to occupy the residences even after ceasing to hold ministerial or legislative posts, underscoring the seriousness of the Estates Department’s inaction.

The High Court ordered the defendants to file a comprehensive status report detailing the steps taken to evict the unauthorized occupants and explain why commercial rent was not charged during the unauthorized occupation.

The court also requested information on the number of eviction notices issued and enforced. To ensure accountability, the Commissioner/Secretary of the Government Property Department has been ordered to appear in person at the next hearing to explain the delays.

The case is scheduled for further consideration the next day, and the court expects the defendants to submit a detailed report on the state of affairs, in which the issues raised will be considered.

Case Name: Prof SK Bhalla Vs J&K Collegiate University & Ors.

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