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DELHI HIGH COURT
V.KAMESWAR RAO
Sushil Kumar Dhar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. court will decide on eviction petitions. (Para 1) |
| 2. eviction prayers and claims for stability discussed. (Para 2 , 4 , 6) |
| 3. petitioners' backgrounds as kashmiri migrants presented. (Para 3 , 7 , 9 , 12 , 14) |
| 4. court's reasoning on eligibility for housing retention. (Para 20 , 21 , 23) |
| 5. dismissal of petitions for lack of merit. (Para 22 , 24) |
JUDGMENT
V. Kameswar Rao, J. (ORAL)--By this common order I shall decide the aforesaid three writ petitions filed by the petitioners challenging the action of the respondents seeking their eviction from the government quarters being Quarter No.245, Type IV, Laxmi Bai Nagar, New Delhi - 110022, B-179, Type IV, at Nanak Pura, South Moti Bagh, New Delhi, and Flat No.50 B, Pocket-B, Mayur Vihar Phase-II, Delhi- 110091 respectively. The facts of each of the writ petition are narrated separately.
W.P.(C) 14616/2021
2. This petition has been filed by the petitioner with the following prayers:
"In the light of the above mentioned facts and circumstances, it is most respectfully prayed by the Petitioner before this Hon'ble Court that it may be pleased to:
a) Quash and Set aside the order F.No.245/LXN/TDA/2021 dated 02.12.2021 passed
Eligibility for government accommodation retention requires compliance with specific transfer conditions; court upheld eviction of Kashmiri Migrants not meeting these criteria, affirming equal treatm....
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
Point of law: Framing a Scheme, under which the petitioner is not eligible, the plea that similar directions need to be issued to Airports Authority of India, is unmerited and is rejected.
The court held that a retired employee claiming retention of government accommodation as a Kashmiri migrant failed to meet eligibility due to ownership of alternative property, highlighting strict ad....
(1) Right to retain government accommodation – Compassion shown to Kashmiri Migrants has to be balanced with expectations of serving officers to discharge their duties effectively.(2) Compassion coul....
The right to shelter under Article 21 does not entitle retired government employees to retain government accommodation, as such housing is intended for active service personnel only.
The Court emphasized the importance of fair decision-making and the need for the Committee to consider the specific mandate of Regulation 4(e) of the Jammu and Kashmir Estates Department (Allotment o....
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