Jammu, August 13: In a notable Public Interest Litigation (PIL No.17/2020) concerning the eviction of former MLAs and ministers from ministerial bungalows and government accommodations, the Division Bench of the High Court of J&K and Ladakh at Jammu, comprising Chief Justice (Acting) Tashi Rabstan and Justice Moksha Khajuria Kazmi, has reluctantly granted additional time to the Estates Department to file a compliance report. The order follows an earlier directive dated April 3, 2022, which instructed the Estates Department to issue specific orders for 43 occupants after hearing them and to report on the rentals paid by these individuals.
Advocates Sheikh Shakeel Ahmed and Mohd. Zulkarnain Choudhary, representing the PIL, argued that the Estates Department has shown disregard for the court’s orders by failing to file the compliance report. They claimed that preferential treatment is being given to 43 occupants due to their proximity to power, despite the last Assembly being dissolved in June 2018.
Ahmed highlighted that unlike central ministers and MPs who vacate their accommodations within 15 days of losing elections, these 43 individuals continue to occupy government properties. He cited the case of former Deputy Chief Minister Kavinder Gupta, who owns a house in Jammu but remains in government accommodation, suggesting collusion with the Estates Department.
AAG Amit Gupta, representing the Estates Department, informed the court of a review meeting held on August 3, 2024, seeking additional information, and requested more time to file the report. Ahmed dismissed the review meeting as a delay tactic, referring to a previous order from February 18, 2021, which directed the eviction of ex-legislators without delay.
After considering both sides, the court granted additional time for the compliance report and instructed Advocate Ahmed to submit a copy of the February 18, 2021 order. Given the public interest, the matter has been re-scheduled for hearing on August 21, 2024.
