JUDGMENT : 1. Mr. N.N. Singh, Superintendent of Police, CBI, New Delhi, has placed on record interim report No. 3 dated June 17, 1996 and Interim Report No. 4 dated July 16, 1996. Interim Report No. 3 indicates that a separate preliminary enquiry was registered against Smt. Sheila Kaul and others in the matters of allotment of shops/stalls made by her on June 7, 1995 and July 3, 1995 in favour of her close relations/acquaintances and the close relations/friends of her personal staff as well as those of the officials of Directorate of Estates. According to the report, the preliminary enquiry, prima facie, establishes that Smt. Sheila Kaul had abused her official position as the Minister for Urban Development and has had entered into a criminal conspiracy with some of the acquaintances and her personal staff, pursuant to which she in abuse of her official position, made these allotments and caused wrongful loss to the Government by effecting allotments on economical licence fees basis without inviting any tender or by issuing public notice for inviting the response from the general public from the point of view of earning maximum revenue for the Government. A regular case under Section 120-B, 420, 468/471 Indian Penal Code and Section 13(2) read with 13 (1)(d) of the Prevention of Corruption Act, 1988, has been registered against Sheila Kaul and her additional Private Secretary Rajan S. Lal and others. 2. According to the CBI report, it appears that an organised gang of touts has been operating within the Ministry and the Directorate of Estates as well as in different Government colonies and Government offices for ensuring the Government servants who apply for out of turn accommodation through them and for this work, these touts were charging fixed amounts ranging between Rs. 15,000/- to Rs. 40,000/- depending upon the type of accommodation, length of service and locality. The report discloses the names of the king-pints of this racket and various persons involved, prima facie, in the crime. There are large number of persons who were allegedly operating this racket. The report, prima facie shows active involvement of Mr. P.K. Thungon, Minister of State at the relevant time. The report indicates excellent work done by the CBI in this matter. Considerable material has been collected which has been indicated in the report. Investigation is still in progress.
There are large number of persons who were allegedly operating this racket. The report, prima facie shows active involvement of Mr. P.K. Thungon, Minister of State at the relevant time. The report indicates excellent work done by the CBI in this matter. Considerable material has been collected which has been indicated in the report. Investigation is still in progress. We place on record our satisfaction with the investigation done by the CBI. 3. Interim report No. 4 states that the residential premises of Mr. P.K. Thungon at different places in Delhi and Boomdiela (Arunachal Pradesh) were searched on July 10, 1996. The documents showing investments and movable and immovable properties including bank deposit worth Rs. 1.38 crores either in his name or in the name of his family members during the relevant period has been seized. Various other incriminating documents relating to out of turn allotment have also been recovered. Mr, Bail, DIG. CBI who is over all in -charge of the investigation, states that the CBI shall move the Court concerned for the attachment of the property and bank accounts of all those who are involved in this scam and will take all steps necessary to secure their property and assets. 4. Mr. Ranjit Kumar has taken us through the Office Report dated July 17, 1996, regarding shops and stalls allegedly allotted illegally by Smt. Sheila Kaul. We direct the Director of Estates to issue notices to all these 43 allottees to show cause why the allotments of shops and stalls in their names be not cancelled. The notices be served on them within one week. They shall reply to the Estate Officer within two weeks thereafter and the Estate Office shall after considering their replies, place a Report before this Court within four weeks.' 5. To come up on September 6, 1996. 6. Mr. Tulsi has taken us through the affidavit filed by Mr. Harcharanjit Singh, Director of Estates, on behalf of Union of India regarding occupants of General pool Accommodation who were allotted in Special Compassionate Category. In the affidavit, 4.672, cases which were published in the news papers have been divided into 11 categories. We direct the Director of Estates to notify on the Notice Board of the Estate office the list of all these categories separately. This may be done within two days. 7. To come up on July 26, 1996.
In the affidavit, 4.672, cases which were published in the news papers have been divided into 11 categories. We direct the Director of Estates to notify on the Notice Board of the Estate office the list of all these categories separately. This may be done within two days. 7. To come up on July 26, 1996. Item 'C' of the Office Report 8. Interlocutory Application No.-32 be dealt with along with the main case. Item 'D' 9. Item `D' relates-to the allotment of house to Mr. Justice.N.S. Rao (retired), Member, Cauveri Water 'Disputes Tribunal. Mr. Tulsi states that Mr. Justice N.S. Rao has already been allotted the house. The application has become infructuous. Item 'E' & 'F' 10. We have been taken through the letter of the Press Council of India regarding allotment of Government accommodation to Journalists in Delhi, received in the Registry of the Supreme Court on July 17, 1996. The letter is addressed to Mr. K.T.S. Tulsi, Additional Solicitor General. We have also examined the various lists attached with it. 11. Various Government instructions providing eligibility and criteria/conditions for allotment of accommodation to Journalists are already before the Press Council of India. We request the Press Council of India through its Chairman, Mr. Justice P.B. Sawant to examine the issue concerning of allotment of Government Accommodation to Journalists afresh. There are various questions which need consideration. Whether the Journalists who are occupying these houses for a long period be permitted to continue indefinitely or some period is to be fixed. Whether the existing eligibility and criteria/conditions need modification, if so in what manner. Since this Court is seized of the matter, we would request the Press Council of India to have the matter examined at the earliest and send its views to this Court as early as possible, preferably within two weeks of the receipt of this communication. Registry to send a copy of this order to the press Council of India immediately. Item `G' 12. The Director of Estates has placed on record a report pursuant to this Court's Order dated April 24, 1996, regarding recovery of licence fee due from various persons. It is stated in the report that on scrutiny of the records of the Directorate of Estates, it is found that an amount of Rs.
Item `G' 12. The Director of Estates has placed on record a report pursuant to this Court's Order dated April 24, 1996, regarding recovery of licence fee due from various persons. It is stated in the report that on scrutiny of the records of the Directorate of Estates, it is found that an amount of Rs. 12.78 crores is due,from about .7361 persons who are in- unauthorised occupation of Government accommodation either after superannuation or on transfer to an ineligible office outside Delhi. Approximately Rs. 26 lakhs has been recovered by the Estate office. It is stated that the recovery proceedings have been/are being initiated in accordance with law. We direct the Estate office to place a list of persons who have not paid the arrears of licence fee and still are occupying the Government houses before this Court. This may be done within one week from today. Mr. Tulsi states that according to law the licence fee due to the estate office can be recovered as arrears of land revenue. We direct the Estate office to initiate proceedings, if not already initiated, against all the defaulters. Action taken in this respect be placed before this Court by way of a report within 4 weeks. To come up on July 26, 1996 at 2.p.m. 13. To come up after 4 weeks. 14. The remaining part of the office report to come up on July 26, 1996.