Jammu: Division Bench of the State High Court Comprising Justice Janak Raj Kotwal and Justice Sanjeev Kumar today dismissed the LPA filed by Congress leader Yogesh Sawhney Ex-Minister, Ajay Sadhotra Ex-Minister and, Gharu Ram former minister and Ashok Sharma Ex-MLC challenging the eviction notice issued by the state.
Division Bench after hearing both the sides observed that appellants have been found not to possess any legal and enforceable right to retain the Government accommodation allotted to them after they ceased to be Ministers/Legislators. The main plank of their claim that they are entitled to continue in occupation of Government accommodation because of their being protected persons does not sustain in view of the finding of the committee as stated above.
There is no scope in law for allowing retention of Government accommodation beyond the period of eligibility on compassionate grounds like, ill health or education of children of the unauthorized occupant or his hailing from a remote area or not having his own accommodation in the city. The appellant, therefore, cannot be heard raising pleas that notice under section 4 of the Act was not issued or sufficient opportunity of being heard was not provided to them even though plea on that score is not otherwise maintainable as discussed above.
DB found no substance in the allegation of hostile discrimination meted out to the appellants by allowing similarly situated persons of ruling dispensation to retain the accommodation allotted to them. The report and the recommendation of the committee do not make any distinction or discrimination/among the former Ministers/Legislators who are retaining Government accommodation beyond the period of their entitlement.
Upon this Division Bench observed that this court, nonetheless, put a note of caution for and remind the State Government of its duty under Article 144 of the Constitution of India to implement the judgment of the Supreme Court in S. D. Bandi’s case and further remind the Government of the affidavit filed on behalf of the State of Jammu and Kashmir in that case to the effect that “Government is ready to comply with further/additional directions being issued” by the Supreme Court. With these observations, Division Bench dismissed the appeals as have no merits.