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1996 DIGILAW 1007 (SC)

Shiv Sagar Tiwari v. Union of India

1996-04-25

KULDIP SINGH, S.P.KURDUKAR

body1996
JUDGMENT : 1. House No. 6 Krishna Menon Marg was in possession of late Sh. Jagjivan Ram. After the death of Sh. Jagjivan Ram the house was allotted to Smt. Meera Kumar. The allotment was cancelled w.e.f. October 27, 1989 after the dissolution of Lok Sabha. Eviction orders were passed on January 20, 1990. Smt. Meera Kumar obtained stay from the District Court which gave time to her till October 31, 1990 on humanitarian grounds. She informed the Directorate of Estates on March 25, 1990 that she had shifted to her private residence but her mother Smt. Indrani Devi, wife of late Sh. Jagjivan Ram did not move out of the house and she awaited response from the authorities to the letter addressed by her to them. On May 2, 1990 PMO informed that the PM desired that Smt. Indrani Devi be allowed to stay and the conversion of the house into a memorial of Sh. Jagjivan Ram may be considered. The Cabinet Committee on Accommodations (CCA)in the meeting on October 21, 1991 approved the allotment to Smt. Indrani Devi w.e.f March 25, 1990 to November 1, 1991 on normal licence fee and stated that no further extension was to be granted. The house is till date in possession of Smt. Indrani Devi. The CCA has on September 18, 1995 approved the charging of normal licence fee and allotment of house for the life time of Smt. Indrani Devi. Mr. Ranjit Kumar, learned counsel states that the decision of the CCA to allot the house to Smt. Indrani Devi for life, on the face of it, is arbitrary. Mr. Tulsi states that the decision by the CCA has been taken ad-hoc on the facts of this case. We are of the view that every Government decision must, on the face of it, be just and fair. There has to be some objective criteria on the basis of which the retention of the house even to the widows of VVIPS should be permitted. Mr. Tulsi states that the matter shall be re-examined and a fresh decision taken in this respect. List on July 9, 1996. 2. Mr. Tulsi states that he would examine the case of Ms. Raj Usha Chopra and place the details before this Court. He may do so by May 7, 1996. 3. We have examined along with Mr. KTS Tulsi and Mr. List on July 9, 1996. 2. Mr. Tulsi states that he would examine the case of Ms. Raj Usha Chopra and place the details before this Court. He may do so by May 7, 1996. 3. We have examined along with Mr. KTS Tulsi and Mr. Ranjit Kumar the report placed on record by Sh. C Ramachandran. Mr. Ranjit Kumar has taken us through all the individual cases in respect of whom the CCA has waived the amount of market rent (fully or partially) payable to the Directorate of Estates. On careful examination of individual cases we have identified a number of categories of persons in whose cases we see no justification to issue any notice and in that respect we accept the waiver granted by the CCA. So far as the remaining list is concerned, we direct the Directorate of Estates to issue individual notices to each of these persons asking them to show cause why the waiver granted by the CCA be not held to be unjustified and be set aside. The notices be issued within three weeks from today. The objections, if any, may be filed by the individuals before the Directorate of Estates who shall compile the same and place before this Court. Persons concerned shall file objections within three weeks of the receipt of the notices The compilation of objections to be filed before this Court within two weeks thereafter. The Directorate of Estates shall file a list of persons to whom notices are being issued within three weeks from today. 4. To come up on July 23, 1996. W.P. (C) 163 of 1996 5. Mr. Tulsi states that Mr. Jayant Malhotra, Member Parliament is occupying house No. 3, Moti Lal Nehru Marg. Mr. Malhotra is entitled to type V house and not to type VI house which is in his possession. Mr. Tulsi states that the Directorate of Estates shall allot a house to Mr. Malhotra to which he is entitled and he shall be shifted to the said house within two months from today. This may be done in accordance with the Rules. 6. The writ petition is disposed of.