ORDER : OFFICE REPORT DATED NOVEMBER 26, 1996 (A) Reg. CBI Report Kuldip Singh, J. - The CBI has placed on record its 5th Report dated 14-11-1996. It is stated in the report that out of 13 regular cases, investigation of 3 cases has been finalised. Out of these 3 cases, 2 cases relate to the allotment of houses by falsifying the date of entry into service. The accused officials concerned have been charge-sheeted. The third case relates to forging of allotment order of the Minister, Smt Sheila Kaul, by her Additional Private Secretary, Shri Rajan S. Lala. Investigation into this case has also been finalised and sanction for prosecution is awaited from Government. The report further indicates that one case relates to allotment of shops and stalls by Smt Sheila Kaul, former Minister of Urban Development in which amongst others Shri P.K. Thungon, former Minister of State in the Ministry of Urban Development, is also an accused. Investigation into this case is in the final stages and is likely to be finalised by the end of November 1996. 2. Regarding cases pending investigation, it is stated that 8 regular cases were registered regarding out-of-turn allotments of Government accommodation by payment of money/consideration, but their investigation could not be finalised as the investigation of these cases involve scrutiny of a large number of documents/files and examination of equally large number of witnesses. It is stated that all efforts are being made to finalise the investigation of these cases by the end of March 1997. The report further states that based on documentary evidence seized during the course of searches conducted at different premises of Shri P.K. Thungon on 10-7-1996, the case regarding possession of disproportionate assets/pecuniary resources amounting to Rs 1,65,75,292 which were acquired from June 1991 to April 1996 has been registered against Shri P.K. Thungon on 8-10-1996 under Section 13(1)(e) read with Section 13(2) of the P.C. Act, 1988. The report says that all efforts are being made to finalise the investigation of this case by the end of April 1997. 3. Although by and large we are satisfied with the progress shown by the CBI in the investigation of these cases, we are of the view that the investigation should be completed by March-April 1997. The report says that all efforts are being made to finalise the investigation of this case by the end of April 1997. 3. Although by and large we are satisfied with the progress shown by the CBI in the investigation of these cases, we are of the view that the investigation should be completed by March-April 1997. We have no doubt that all the matters which are pending with the Government for grant of sanction for prosecution may be expeditiously decided by the Government. 4. Registry to list this matter on 26-3-1997. The CBI shall file further progress report in these matters by that date. Appropriate orders, if necessary, regarding expeditious trial may be considered on the next date. (B) Reg. Category III 5. The Committee constituted by this Court by the order dated 31-7-1996 has submitted its report in relation to Type III flats/government houses. Before we pass final orders in this respect, we wish to give an opportunity of hearing to all those persons who are likely to be affected adversely by this report. The Director (Estates) shall issue a public notice within four days in similar terms as the notice was given in the matter regarding Type IV and above. Notice be published within four days from today and a copy of the notice be also displayed on the Notice Board of the Estate Office. The date of appearing in the notice shall be 9-12-1996 at 2.00 p.m. 6. To come up on 9-12-1996 at 2.00 p.m. (C) Reg. Waiver of Government dues 7. Arguments heard. Judgment reserved. (D) Reg. Sub-letting 8. List on 29-11-1996. (E) Reg. Recovery of licence fee 9. Pursuant to this Court's order dated 19-7-1996, the Director of Estates has filed an affidavit and along with the affidavit he has filed the list of persons who have not paid arrears of licence fee/damages and are still occupying the Government houses. 10. Mr Harcharan Singh, Director of Estates has brought to our notice, after examining the record, that 784 persons who are in arrears of licence fee/damages are still occupying the Government houses. A sum of Rs 3.54 crores is to be recovered from them. He further states that there are more than 3000 Government servants who have left the Government houses but are in arrears of licence fee/damages. The amount to be recovered from them is more than Rs 9 crores. A sum of Rs 3.54 crores is to be recovered from them. He further states that there are more than 3000 Government servants who have left the Government houses but are in arrears of licence fee/damages. The amount to be recovered from them is more than Rs 9 crores. There is nothing on record to show that any effective efforts are being made to recover the arrears due from the abovesaid persons. 11. We are prima facie of the view that all those persons who are in arrears of licence fee/damages have no right whatsoever to continue to be in occupation of the Government houses. We direct the Director of Estates to issue notices to all those occupants of Type VI and above, Type V, Hostels and Type IV, who are in arrears of licence fee/damages as to why they should not be evicted from the houses forthwith. They may be asked, in the notices, to show cause to this Court by appearing personally or through their counsel on 9-12-1996 at 2 p.m. 12. So far as the occupants of Type III and below are concerned, we shall consider and pass appropriate orders on the next date of hearing. 13. The Director of Estates shall file a statement before this Court by tomorrow indicating as to what proceedings have been initiated against 3000 and odd persons who are not occupying Government accommodation but are in arrears of licence fee/damages. (F) 14. List on 9-12-1996. (G) Reg. Accommodation to journalists 15. Arguments heard. Judgment reserved.