Delhi High Court
Anti Corruption Council Of India ... vs The Head Of The Department ... on 28 September, 2020
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28th September, 2020
+ W.P.(C) 11644/2019 & CM APPL. 7893/2020 (for directions)
ANTI CORRUPTION COUNCIL OF INDIA
THROUGH ITS AUTHORISED SIGNATORY
MOHD KAMRAN KHAN ..... Petitioner
Through: Mr.Z.U.Khan, Advocate
Versus
THE HEAD OF THE DEPARTMENT
DIRECTORATE OF ESTATES AND ANR. ..... Respondents
Through: Mr.Chetan Sharma, ASG with
Mr.Jitesh Vikram Srivastava, SPC, Mr.Syed
Husain Adil Taqvi, GP, Mr.Waiz Ali Noor,
Advocate with Ms.Ritu Sain from Deptt.of Estate
for UOI.
Mr.Sanjoy Ghose, ASC with Mr.Naman Jain,
Advocate for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
The proceedings in the matter have been conducted through video
conferencing.
1. Learned counsel for the respondent No.1 submitted that with regard to
565 Government accommodations which were unauthorizedly occupied, all
have been vacated, except those where stay of the competent Court is
operating. It is also submitted that, until now, ₹3.17 crores have been
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.10.2020
10:23:51
recovered from the unauthorized occupants. However, an amount of ₹9.40
crores is yet to be recovered and all efforts are being made for expeditious
recovery. Paragraphs 8 and 10 of the affidavit dated 31st August, 2020 read
as under:-
"8. That it is respectfully submitted that out of the 565 flats,
listed in Annexure-2 to the Affidavit filed on 21.11.2019 as
under unauthorized occupation by the officials, the status of
vacation of the accommodation by the officials are as under: -
S.NO. STATUS Nos. as on Nos. as on Nos. as on
05.02.2020 19.06.2020 25.08.2020
vacated
Re-allotted /
Retention given /
Date of Retirement
extended
respect of which
litigation is
pending in various
Courts with stay
occupied by
Kashmiri Migrants
[The policy
pertaining to
Kashmiri Migrants
is under
examination by this
Hon‟ble Court in
W.P. 3908/2018
and this Hon‟ble
Court has been
pleased to grant a
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.10.2020
10:23:51
stay to the
Petitioners therein
vide order dated
20.04.2018]
identified in
Department Pool
respect of which
Eviction orders /
Notices have been
passed / issued as
per the Public
Premises (Eviction
of Unauthorized
Occupants) Act,
1971.
xxxx xxxx xxxx xxxx
10. That it is respectfully submitted that as per the
Government Accommodation Management System (GAMS) an
amount of Rs.24.78 crore approx. was due against 565 officials
on 21.11.2019. However, after 21.11.2019, additional damages
to the tune of Rs.4.45 crore accumulated. Thus, total dues to be
recovered are Rs.29.23 crore. Thereafter, with efforts made by
the Directorate of Estates, as mentioned in para 8 above, the
dues against the officials are updated in the cases of
retention/regularisation, re-allotment, rectification in date of
possession/vacation and reconciliation of Department Pool and
houses under litigation. The dues of Rs.29.23 crore has got
reduced to Rs.12.57 crore. Out of this, Rs.3.17 crore has been
recovered. Thus, now the dues to be recovered as on date are
Rs.9.40 crore approximately for which all efforts are being
made for fast recovery."
2. Learned counsel for respondent No.1 further submitted that notices
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.10.2020
10:23:51
have already been issued for recovery of the outstanding amount; however,
in a few matters, stay has been granted by the competent Court. The
concerned advocates have been instructed for preferring necessary
applications for vacation of stay so that the outstanding amount involved in
such cases can also be recovered.
3. In view of these facts, as the accommodations have now been vacated
and only outstanding amount is to be recovered, we expect from the
concerned respondent-authorities that they shall continue to take steps for
the recovery of the amounts due from the aforesaid unauthorized occupants.
We also expect from the respondents that henceforth, if any Government
servant retires, he/she should not be allowed to occupy the Government
accommodations for a longer period than that permitted under the relevant
Rules. We also expect from the respondents that the legally payable amount
in such cases shall be recovered at the earliest.
4. With these observations, this writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
SEPTEMBER 28, 2020
„hkaur‟
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:07.10.2020
10:23:51
