JUDGMENT

Ramesh Ranganathan, C.J. - This Writ Petition is filed in public interest seeking a writ, order or direction declaring the Uttarakhand Former Chief Ministers Facility (Residential and other facilities) Act, 2019 (for short "Act 5 of 2020") as arbitrary, illegal and ultra vires the Constitution of India; and for a writ of mandamus directing the Government of Uttarakhand not to implement and follow the provisions of Act 5 of 2020.

2. The petitioner herein, an organisation espousing causes in public interest, had hitherto filed Writ Petition (PIL) No. 90 of 2010 before this Court seeking a writ of certiorari to quash various proceedings issued by the State Government extending certain facilities to Ex-Chief Ministers; a writ of mandamus directing the Government of Uttarakhand not to provide any facility, from the government exchequer, to respondents 2 to 6 as entitlement of the Ex-Chief Ministers; a writ of mandamus directing the State Government to get the government accommodation, occupied by respondents 2 to 6 respectively, vacated; and a writ of mandamus directing the State of Uttarakhand to recover the amount spent, on behalf of respondents 2 to 6, with respect to the facilities provided to them as Ex-Chief Ministers of the State.

3. The Division Bench disposed of Writ Petition (PIL) No. 90 of 2010, by its order dated 03.05.2019, directing respondents 3 to 6 therein to pay the market rent, as detailed in the affidavit of the Additional Secretary/Estates Officer dated 12.02.2019, for the buildings occupied by them as Ex-Chief Ministers, within six months from the date of the order, failing which the State Government was directed toforthwith initiate appropriate legal proceedings, including under the provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, for recovery of the said amounts from them; the amounts already paid by respondents 3, 5 and 6 towards rent, for occupation of these premises, was directed to be given credit to; and the amount specified in the table referred to in the affidavit of the Additional Secretary/Estates Officer dated 12.02.2019, after deducting the amount paid by them as rent, was directed to be paid by respondents 3 to 6 within the aforesaid period of six months.

4. The Division Bench further directed the State Government to compute the amounts due and payable towards amenities such as electricity, water, petrol, oil, lubricants etc, provided by the State Government to respondents 3 to 6 as Ex-Chief Ministers, within four months from the date of the receipt of a copy of the order and to intimate the amounts so determined by them, along with documentary evidence of such expenditure incurred by the State Government, to respondents 3 to 6 who were in turn directed, within six months from the date of such intimation, to pay the said amounts to the State Government, failing which the State Government was directed to forthwith recover these amounts in accordance with law, including under the provisions of the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972.

5. Respondents 4 to 6, in Writ Petition (PIL) No. 90 of 2010, filed review applications against the order of the Division Bench dated 03.05.2019 contending that a copy of the affidavit of the Additional Secretary/Estates Officer dated 12.02.2019 was not served on them; the scope of interference, in a review petition filed against an order passed in a public interest litigation, was far wider; facts, not pleaded in the counter affidavit, could now be pleaded in the review petition; the private respondents should be given an opportunity of being heard even with regards use and occupation of the premises; and the provisions of the Public Premises Act were not application to the private respondents.

6. In its order in Review Application No. 499 of 2019 and batch dated 07.08.2019, the Division Bench observed that the contention, that the proceedings dated 12.02.2019 was not serve