Parvaiz Ahmad Qadir vs The Petitioner On His Own ...
2021 Latest Caselaw 322 j&K/2

Suppl. List
Sr. No. 151

              IN THE HIGH COURT OF JAMMU AND KASHMIR AT
                               SRINAGAR

                                                   WP(C) No. 487/2021
                                                   CM No. 1506/2021
  Parvaiz Ahmad Qadir
                                                                   ... Petitioner(s)

                                     Through: - Mr. Shuja Ul Haq, Advocate
 Union Territory of JK and Ors.

                                                                   ....Respondents(s)
                                     Through: -
 CORAM:
        Hon'ble Mr Justice Ali Mohammad Magrey, Judge

                                     ORDER

17.03.2021

In the instant petition, petitioner prays for the following reliefs:-

" a. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to provide suitable official accommodation to the petitioner in accordance with the provision of law contained under Rule 5 of Srinagar Municipal Corporation (Honorarium and other facilities to Mayor and Deputy Mayor) by-laws 2019 read with Sec. 36 (3) J&K Municipal Corporation Act 2000.

b. By issuance of writ, order or direction one in the nature of mandamus, the respondents be commanded to take decision in the matter and decide the representations filed by the petitioner within a reasonable period of time in accordance with law and provide official accommodation to the petitioner on the same analogy on which it has been provided to Mayor SMC, Mayor JMC and Dy. Mayor JMC."

The Division Bench of this Court on the subject of allotment of Government

accommodation has already delivered a Judgment in case WP(C) PIL No. 24/2020

titled Court on its own motion Vs. Union Territory of JK and Ors. The operative

portion of the Judgment being relevant is extracted as under:-

"In the light of the above factual and legal position, we are of the considered view that although there is no requirement of issuing any further directions, than the ones already passed by Hon'ble the Supreme Court in the two above referred cases, but, with a view to lend a sense of clarity to the entire issue, we feel that no useful purpose can be achieved by keeping this Petition pending before this Court and that the same can be disposed of in view of the directions so passed by the Apex Court of the country in the following manner:

i. The directions passed by this Court from time to time in the matter of eviction of unauthorized/ illegal occupants from Government accommodation and recovery of rent thereof, earlier in point of time, shall be strictly implemented by the authorities concerned of the Government of the Union Territory of Jammu and Kashmir in the same spirit in which they were meant to be;

ii. The Chief Secretary of the Government of Jammu and Kashmir and the Secretary to Government of Jammu and Kashmir, Estates Department, shall take all possible steps for ensuring eviction of the illegal/ unauthorized occupants (former Ministers/ Legislators/ Retired Officers/ Politicians/ Political persons) from Government accommodation, including Ministerial Bungalows/ Special Houses (A-type, B-type and C- type quarters), in tune with the mandate of law provided by Hon'ble the Supreme Court in the two judgments referred to hereinabove; and

iii. The Chief Secretary of the Government of Jammu and Kashmir and the Secretary to Government of Jammu and Kashmir, Estates Department, shall ensure recovery of rent/ arrears of rent from the occupants of Government accommodation for the period for which they were in authorized/ unauthorized occupation of the said accommodation as Land Revenue. We order accordingly.

The claim of the petitioner for providing suitable official accommodation in

accordance with the provisions of law contained under Rule 5 of Srinagar Municipal

Corporation (Honorarium and other facilities to Mayor and Deputy Mayor) bye-

laws 2019 read with Section 36 (3) J&K Municipal Corporation Act, 2000, can be

considered by the competent authority.

The petitioner on his own admission, has already made a representation to

the competent authority for allotment of suitable accommodation in tune with the

law. It is stated by the petitioner that the writ petition can be disposed of by directing

the respondents to decide the representation of the petitioner in accordance with law,

policy and regulations, governing the subject. Mr. B. A. Dar, learned Sr. AAG

appearing for respondents is not averse to the proposition, however, submits that the

consideration of the representation can be in tune with the policy, regulations and

law governing the subject.

In view of above, the writ petition is disposed of with a direction to the

respondents to consider the claim of the petitioner for providing suitable official accommodation in tune with the policy, regulations and law governing the subject.

Consideration shall be effected and decision taken within a period of two months

from the date copy of the order is served upon respondents.

Disposed of along with connected CM(s).

(Ali Mohammad Magrey) Judge Srinagar 17.03.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.03.18 14:08 I attest to the accuracy and integrity of this document