Point of Law: Service Law - Allotment of flat - Rule 7(i) of Policy provides that no application shall be entertained for accommodation if employee is retiring on superannuation in next six months, meaning there by that person who is nearing his retirement within six months is not entitled to apply for allotment of residential accommodation.

ORDER :

1. The petitioner, a practicing lawyer of this Court claiming to be a Right to Information (RTI) activist as well, has filed the present petition in public interest, wherein a challenge has been thrown to the allotments made by the respondent No. 3 in favour of respondent Nos. 5 to 13 by virtue of various allotment orders spanning from the year 1993 till 2015 and simultaneously, the petitioner has prayed for the eviction of the private respondents from the Municipals Flats situated at Gandhi Nagar Jammu and also for recovery of rent at the market value from the respondent Nos. 5 to 13. Yet another prayer has been made to direct State Vigilance Organization (Now Anti Corruption Bureau) to register an FIR under section 5(2) of the Jammu and Kashmir Prevention of Corruption Act.

2. It is stated that the Jammu Municipal Corporation has adopted a pick and choose policy for the purpose of allotment of Municipal Flats/Quarters located at posh locality of Gandhi Nagar Jammu in favour of its officers who had served its senior positions and later superannuated and the allotments have been extended for a further period of 40 years at a meager rent of Rs. 600/- to Rs. 900/- per month. It is also the case of the petitioner that the Municipal Corporation has allotted the Municipal Flats/Quarters at Gandhi Nagar, Jammu to some private persons as well at a meager rent arbitrarily just on the basis of pick and choose policy without adopting any rational criteria. The petitioner claims to have obtained an information under RTI Act, regarding the allotments made by the Jammu Municipal Corporation.

3. The following instances of illegal allotments have been narrated by the petitioner.

(a) That vide order No. ME/Estt/6466-67 dated 08.10.1993, a Municipal Flat at Gandhi Nagar, Jammu was allotted in favour of respondent No. 5 and the order was issued without mentioning the status of the beneficiary who at that point of time was a senior KAS Officer and later respondent No. 5 has remained as Municipal Commissioner, Jammu and also served as Commissioner/Secretary to Government of Jammu and Kashmir, Housing and Urban Development Department. As per the Rent Deed dated 20.12.2012, the lease of the aforesaid Municipal Flat has been executed for a term of 40 years with effect from 20.12.2012 at a monthly rent of Rs. 1000/- only with escalation of rent by at least 15% for a further period of 2 years. It is further stated that the said IAS Officer has succeeded in inducting his nephew, namely, Rahul Gupta S/o Sh. K. L. Gupta as one of the beneficiaries of the above mentioned property as lessee along with him.

(b) That vide order No. JMC/RB/1053-55 dated 10.02.2016, the Jammu Municipal Corporation, respondent No. 3 herein, allotted a cattle pound illegally numbered as Municipal Quarter No. 10 in favour of respondent No. 6 herein, who retired from the office of the Jammu Municipal Corporation in August, 2017 and at the fag end of his service, the then Municipal Commissioner, Ms. Mandeep Kour gifted the said Quarter, originally a cattle pound, in favour of her subordinate i.e. respondent No. 6 herein and before handing over the possession, the respondent No. 3 spent lakhs of rupees on repair/renovation and a rent agreement was executed between the respondent No. 3 and the respondent No. 6 wherein rent of Rs. 1000/- per month was fixed.

(c) That vide order No. MJ/Estt/8880-84 dated 16.02.1993 the then Executive Officer, Jammu Municipality, Sh. Jeet Lal Gupta, respondent No. 5 herein, allotted a Municipal Quarter in favour of Madan Mohan Khajuria (then PA to Administrator, Jammu Municipality), respondent No. 7 herein.

(d) That vide order No. JMC/RB/4995-96 dated 26.03.2013, the respondent No. 3 allotted a Municipal Quarter in favour of respondent No. 9 herein, PSO to then Commissioner/Secretary to Government, Housing and Urban Development Department, respondent No. 5 herein and the rent was fixed at the rate of Rs. 200/- per month. It is submitted that the store