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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
ALOK ARADHE, J.
Yogesh Sawhney - Petitioner
Versus
State and ors. - Respondent
OWP No. 1546 of 2015, 535, 547 of 2016, MP No. 01 of 2015, 1 of 2016 & Caveat No. 1781 of 2015
Decided On : 22-02-2018
Eviction - Government Accommodation - Jammu and Kashmir Premises (Eviction of Unauthorized Occupants) Act, 1988 - Section 4, Section 5 - The judgment discusses the eviction of unauthorized occupants from government accommodations under the Jammu and Kashmir Premises Act. It highlights the legal provisions of Sections 4 and 5 of the Act, the procedure for eviction, and the considerations for allowing retention of government accommodation.
Fact of the Case:
The case involves three petitioners who were elected members of legislative bodies and were allotted government accommodations. They challenged the eviction orders issued against them under the Jammu and Kashmir Premises Act.
Finding of the Court:
The court found that the eviction orders were issued in accordance with the provisions of the Jammu and Kashmir Premises Act. It held that the petitioners did not have a legal right to retain the government accommodations and therefore, their writ petitions were dismissed.
Issues: The main issue was whether the eviction orders against the petitioners were in compliance with the Jammu and Kashmir Premises Act and whether the petitioners had a legal right to retain the government accommodations.
Ratio Decidendi: The court emphasized that the provisions of Sections 4 and 5 of the Jammu and Kashmir Premises Act were followed in issuing the eviction orders. It also highlighted that the petitioners did not have a legal right to retain the government accommodations.
Final Decision: The court dismissed the writ petitions filed by the petitioners challenging the eviction orders.
Caveat No. 1781/2015
Caveat stands discharged.
OWP Nos. 1546/2015, 535/2016 and 547/2016
1. The writ petitions are admitted to hearing. With the consent of learned counsel for the parties, the same are heard finally.
2. Since common questions of law and facts arise for consideration in these writ petitions, which were heard together and are being decided by this common judgment.
3. The petitioner, namely, Yogesh Sawhney in OWP No. 1546/2015 was elected as Member of Legislative Assembly (MLA) from Jammu East and was a former Minister of Sports and Youth Affairs till 2008. In his capacity as Former Minister of Sports and Youth Affairs, he was allotted government accommodation, namely, Staff Quarter No. 3 in Rehari Colony, Jammu. Notice dated 25th April, 2015 under Section 4 (1) of the Jammu and Kashmir Premises (Eviction of Unauthorized Occupants) Act, 1988 (in brevity the “Act”) was issued to the petitioner. By the aforesaid notice, the petitioner was informed that the allotment made in favour of the petitioner has been cancelled vide order dated 22nd April, 2015 and the accommodation in possession of the petitioner has been allotted in favour of one-Sat Sharma-MLA from Jammu West. The petitioner submitted the reply to respondent No. 3 on 02nd May, 2005 and thereafter, an order of eviction was passed by the Estates Officer on 05th May, 2015. Being aggrieved, the petitioner preferred an appeal before the 1st Additional District Judge, Jammu, which was dismissed by order dated 10th October, 2015.
4. The petitioner in OWP No. 535/2016 was elected as Member Legislative Council (MLC) in the year 2009 and in his capacity as MLC, he was allotted Quarter No. 17-A, Gandhi Nagar, Jammu. The term of the petitioner as MLC has, admittedly, come to an end on 27th March, 2015. It is the case of the petitioner that he was threatened by the respondents with dispossession. Thereupon, the petitioner approached this Court by filing a writ petition, namely, OWP No. 372/2015, which was disposed of with a direction to the respondents to consider the case of the petitioner in the light of judgment dated 01st May, 2015, passed by the Srinagar Wing of this Court in batch of writ petitions headed by the writ petition bearing OWP No. 545/2015 and to pass an order of consideration, strictly, in terms of Paragraph No. 17 of the judgment passed in the aforesaid writ petition. It was further directed that till the order of consideration is passed, status-quo as it exists today shall be maintained. Thereafter, the order of consideration was passed on 19th December, 2015, by which the petitioner was permitted to shift to a hired accommodation for a period of six months, subject to vacation of the government accommodation. Thereafter, by an order dated 01st April, 2016, the petitioner was asked to vacate the accommodation on or before 15th February, 2016, failing which the petitioner was apprised that action against him shall be taken as per law. In the aforesaid factual background, the petitioner has approached this Court.
5. The petitioner in OWP No. 547/2016 was elected as Member of Legislative Assembly from 1996 to 2002 and he was nominated as Member Legislative Council from the year 2004 to 2009. The petitioner was allotted an accommodation, namely, Quarter No. 59-C, Gandhi Nagar, Jammu for a period of 1997 to 2012 and later on, he was allotted the accommodation, Quarter No. 12 Rehari, Jammu as Ex-Legislator in view of the threat perceptions to the petitioner. The petitioner approached this Court by filing writ petition bearing OWP No. 865/2015, which was disposed of with a direction to the respondents to consider the claim of the petitioner in the light of the judgment dated 01st May, 2015, passed by the Srinagar Wing of this Court. In pursuance of the aforesaid directions, the case of the petitioner was considered by the Committee and thereafter, by an order dated 01st April, 2016, the petitioner has been asked to make an alternative arrangement. In th
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