JUDGMENT : 1. Mr. KTS Tulsi, learned Additional Solicitor General has placed on record a copy of the letter dated July 18, 1996 by the Cabinet Secretary addressed to all the Secretaries regarding the exercise of discretionary quotas in various departments. The relevant part of the letter is as under: "In pursuance of the objective of clean administration contained in the "Common Approach to Major Policy Matters and a Minimum Programme" of the United Front (ruling parties), it has been decided by the Prime Minister, that all discretionary quotas hitherto enjoyed by Ministers in all the Ministries/Departments of the Government of India stand abolished with immediate effect. 2. It has also been decided that in areas where it is considered absolutely necessary to make a small number of out-of-turn allotments, Ministries/Departments should formulate clear rules and guidelines and also make arrangements for making the out-of- turn allotments by a Committee specially set up for this purpose. Arrangements should also be made for publication of the grant of such out- of-turn allotments made following this procedure every quarter." 2. Mr. Tulsi states that as and when the policy/guidelines in terms of para 2 of the above quoted letter are finalised, the same shall be placed before this Court. We make it clear that it is entirely for the Government to take policy decision and to lay down the guidelines. (B) LA. NO. 28 OF 1996: 3. Mr. Tulsi states that the news item published in Jansatta on February 20, 1996 in connection with the allotment of a house to Mr. Rajput has been found to be false and fabricated. Be that as it may it is nots necessary to go into the matter and no further action is called for. Mr. Tulsi states that the allotment of house to Mr. Rajput, who is working as a Personal Assistant to Hon'ble Judge of this Court was made in accordance with the policy and was justified on functional grounds. I.A. is disposed of. (J) Mr. Tulsi states that certain houses were allotted to the staff attached with the ex Prime Minister on injctional ground. The ground having seized, some of them have vacated the houses. Mr. Tulsi states that the houses which have fallen vacant are to be allotted to the staff which has been attached with the Prime Minister in the P.Ms. office on functional ground. That may be done. 4. Mr.
The ground having seized, some of them have vacated the houses. Mr. Tulsi states that the houses which have fallen vacant are to be allotted to the staff which has been attached with the Prime Minister in the P.Ms. office on functional ground. That may be done. 4. Mr. Tulsi states that 135 allotments of houses was made on the recommendation of the Ex Prime Minister's office. Out of these 85 related to those who were working in the P.M. Office. Nothing more need be done in this matter. (K) CVs. Raj Usha Chopra: 5. Mr. KTS Tulsi states that Ms. Raj Usha Chopra has already paid Rs. 1,71,689/- due from her as arrears of damage rent upto April 30,1996. Mr. Raju Rama Chandran appearing for Ms. Chopra states that she would pay the arrears which have become due thereafter. Ms. Chopra is still occupying the house though she has no authority to stay in the house any more. The learned counsel states that she has undergone Hip Bone Surgery and she shall vacate the house as soon as she is in a position to move. We give time to Ms. Chopra to vacate the house on or before October 31, 1996. She shall hand over vacant possession of the house to the C.P.W.D. L) Mr. Romesh Bhandari: 6. Mr. Panjwani, who is assisting us in this matter has handed over to Mr. Tulsi a demand draft in favour of the Assistant Director of Estates (Cash) for Rs. 57,404/-. Mr. Panjwani states that this draft has been sent by Mr. Ramesh Bhandari. Mr. Panjwani further states that Mr. Romesh Bhandari has made a representation that this amount is not due from him. This is a matter between Government and Mr. Romesh Bhandari, which can be settled at that level. This Court is not concerned. (M) GENERAL POOL ACCOMMODATION WHO WERE ALLOTTED IN SPECIAL COMPASSIONATE CATEGORY: 7. We have been taken through the affidavit filed by Mr. Harcharanjit Singh, Director of Estates, Ministry of Urban Affairs and Employment dated July 19, 1996. We have heard eleborate arguments regarding the categorisation which has been suggested in pars 7 of the affidavit. It is stated that total of 4672 names of allottees in the Special Compassionate Category (house categories III and above) were published in various newspapers pursuant to this Courts Order dated April 8, 1996.
We have heard eleborate arguments regarding the categorisation which has been suggested in pars 7 of the affidavit. It is stated that total of 4672 names of allottees in the Special Compassionate Category (house categories III and above) were published in various newspapers pursuant to this Courts Order dated April 8, 1996. 4266 representations were received by the Estate Office. Mr. Tulsi states that the 11 categories mentioned in the affidavit have been suggested as a result of deliberations between the Director of Estates, Mr. Kapil Sibal, Mr. Sanjay Hegde (Advocate assisting Mr. G. Ramaswamy), and Mr. YP Singh, Director in the office of Estate Office. Mr. Tulsi states that he has further discussed these categorisation with Mr. G Ramaswamy and Mr. Sanjay Hegde. We have been taken through each of the category in detail by Mr. Tulsi. We, prima facie, agree with the categorisation. 8. We have heard learned counsel appearing for various individuals and the learned counsel assisting us in these matters. It is stated that the categorisation is not exhaustive and apart from that there are complaints by individuals that they have not been categorised correctly. Although by and large we are satisfied with the categorisation but with a view to do complete justice between the parties, we wish to give one last opportunity to all concerned to assist us in this matter to reach the correct conclusion. We, therefore, request Mr. DP Gupta, Senior Advocate, Mr. MS Srinivasan, Joint Secretary in the Ministry of Urban Affairs and Employment and Mr. KTS Tulsi, learned Additional Solicitor General to further examine all the aspects of the matter and look into all the complaints and suggestions received from any quarters and place before this Court their final recommendations in this matter. Keeping in view the importance of the matter and the difficult situation in which this Court is placed, we have no doubt that Mr. DP Gupta, Mr. Srinivasan and Mr. KTS Tulsi will accept out request to do the needful. We would further request this Committee to expedite the matter and finalise the whole exercise within four weeks from today. We give notice to all concerned most of whom are present before us either in person or through their learned counsel to file their objections etc., if any within one week from today before Mr. Harcharanjit Singh, Director of Estates, who will place the same before the Committee.
We give notice to all concerned most of whom are present before us either in person or through their learned counsel to file their objections etc., if any within one week from today before Mr. Harcharanjit Singh, Director of Estates, who will place the same before the Committee. We make it clear that no suggestion or complaint shall be of more than one page. We make it clear that it would be open to the petitioner as well as Mr. Ranjit Kumar to point out the discrepancies in the lists attached with the affidavit to the Committee. 9. To come up on September 6, 1996 at 2.00 p.m. (N) MATTERS RELATING TO SUB- LETTING: 10. Pursuant to this Court's order dated May 2, 1996 Mr. YP Singh, Director of Estates has placed on record his' report regarding enquiry into sub-letting of general pool residential accommodation in New Delhi. The report indicates that out of 40,002 quarters inspected, 4047 are suspected of being sub-let and notices were issued to all of them. The matter is being processed in accordance with law. The Director of Estates shall file further report in this respect within two months. (O) Pursuant to this Court's order dated April 24, 1996 the Director ' of Estates has placed on record a detailed report regarding the waiver of the Government dues. The report runs into about 60 pages. Mr. Ranjit Kumar wants time to go into this report and assist this Court. 11.To come upon August 9,1996 at2.00 pm.