Jammu & Kashmir High Court directs Govt to evict former ministers, legislators from govt bungalows

Srinagar – A Division Bench comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul took exception to the fact that some of the former Ministers, law makers and politicians are continuing to illegally occupy government accommodations despite no longer being entitled.  The observations and directions came in a suo motu case initiated by the Court to deal with the issue.

Jammu & Kashmir High Court directs Govt to evict former ministers, legislators who are in illegal occupation of govt bungalows – Bar & Bench – Indian Legal News https://t.co/emuPOuMArI

— JudiciaryNews-2 (@JudiciaryNews2) February 22, 2021

The bench observed that the unauthorized occupants must realize that rights and duties go correlative to each other.  In this context, the unauthorized occupants must appreciate that their act of overstaying in the premises directly infringes the right of another. No law or direction can entirely control this act of disobedience, but for self-realization among the unauthorized occupants, it added. The Court, therefore, proceeded to direct the Chief Secretary and Secretary Estates Department to take all possible steps to ensure eviction of all illegal occupants from government accommodations including ministerial bungalows and special houses. Apart from that, the Court also directed both the departments to ensure recovery of rental/arrears of rent as land revenue from the occupants of the accommodation for the period for which they were in unauthorized occupation of the such accommodation.