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2020 Supreme(Del) 704
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anu Malhotra, J.
Y.S. Dwivedi - Appellant
Versus
Directorate Of Estate & Anr. - Respondent
Writ Petition (Civil) No. 3772 of 2020; Civil Miscellaneous Application No. 13502 of 2020
Decided On : 14-07-2020
Dhruv Dwivedi, Advocate, Chetan Sharma, Advocate, Anurag Ahluwalia, Advocate, Abhigyan Siddhant, Advocate, Amit Gupta, Advocate
Headnote:(A) Central Government General Pool Residential Accommodation Rules, 2017 - Writ of mandamus sought for retention of government accommodation during COVID-19 - Petitioner, a retired Chief Engineer, sought extension citing pandemic difficulties - Respondents issued notice for eviction post-retirement; acknowledged hardships due to lockdown - Court evaluated public health, individual rights under Articles 21 and 19(1)(e) - Concluded that while the petitioner has no legal right to retain the accommodation indefinitely, provided reprieve till 31.07.2020 on license fee payment. (Paras 1, 54, 67)
(B) Role of governmental entities in accommodation rules - Essential to balance legal obligations of retired personnel and the directives during extraordinary circumstances, such as a pandemic. (Paras 54, 70)
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| 1. petitioner seeks writ of mandamus for accommodation retention. (Para 1 , 2) |
| 2. retention timeline and conditions amidst covid-19 restrictions. (Para 3 , 4) |
| 3. respondent's notices regarding housing and penalties. (Para 5 , 6 , 7) |
| 4. impact of covid-19 on rights to life and housing. (Para 8 , 9 , 10) |
| 5. advisories for senior citizens and health risks. (Para 11 , 12) |
| 6. respondents' obligations during extraordinary times. (Para 17 , 18) |
| 7. court's observations on compliance and lockdown easing. (Para 55 , 56 , 58) |
| 8. court's verdict on rental retention request due to uncertainty. (Para 67 , 68 , 69) |
| 9. final order and dismissal of the petition. (Para 70 , 71) |
JUDGMENT
Anu Malhotra, J. - The petitioner Mr.Y.S. Dwivedi who has retired from the post of Chief Engineer under the Military Engineer Services on 31.12.2019 at the age of 60 years seeks the issuance of a writ of mandamus to the respondent nos.1 and 2 i.e. Directorate of Estates through its Director Estate, Nirman Bhawan, New Delhi and Union of India through the Secretary, Ministry of Housing and Urban Affairs respectively to allow the petitioner to retain the house bearing no. E-5/1, Sector -13, Block E, R.K Puram, Sector-13, New Delhi allotted to him on 14.06.2016 in accordance with the Central Government General Pool Residential Accommodation Rules, 2017 vide registration No.10123061 and AAN no. 244168 on prescribed license fee till the Covid-19 pandemic situation normalizes.
2. The petitioner submits that he is aggrieved by three notices issued by the respondent no.1 to him i.e.:-
(i) notice dated 28.04.2020 issued by the respondent no.1 apprising him that his allotment of the Government Accommodation referred to hereinabove i.e. house ID No.334422, Type 6A at R.K.Puram, Sector-13, Block-E, Qtr.5-1 stood cancelled from 01.07.2020 after allowing the concessional period as per rules in force, as amended from time to time on payment of prescribed license fee for the required period of retention in view of his date of retirement being 31.12.2019 with it also being specified that no further retention beyond the concessional period already granted should be allowed on any ground. Vide Clause 3 of the said notice, it was further specified that the petitioner was directed to hand over vacant possession of the quarter at Sl. No. 1 to the CPWD Enquiry Office including the portion occupied by his/her sharer, if any, on or before the date of cancellation of allotment failing which necessary action to evict him under the Public Premises (Eviction of Unauthorised occupants) Act, 1971 would be taken and that he was also liable to payment of penal damages;
(ii) notice dated 05.06.2020 issued by the respondent no.1 which reads to the effect:-
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| "No.12035/2/2020-Pol.II |
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| Nirman Bhavan, New Delhi |
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| Subject: Vacation of houses on 30.6.2020 - retiring employees. | ||
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| In view of the extra ordinary situation caused due to outbreak of Covid-19 Pandemic, and considering the hardships faced by the occupants in shifting and vacation during lock down because of Covid-19, this Directorate, vide its O.M. dated 25.3.2020, granted suo-moto retention for the period from 17.3.2020 to 30.4.2020 to all allottees of General Pool Residential Accommodation (GPRA), which was further extended upto 30.6.2020 vide O.M. dated 5.5.2020. | ||
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| 2. In view of the relaxation in lock down vide Ministry of Home Affairs Order dated 30.05.2020, it has been clarified that relaxation granted earlier regarding retention of government accommodation will not be available beyond 30.6.2020. | ||
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| 3. It is further stated that the occupants who have superannuated and have exhausted 6 months retention | ||
