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1996 DIGILAW 2204 (SC)

Shiv Sagar Tiwari v. Union of India

1996-11-09

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. Learned counsel seeks to withdraw the application. The application is dismissed as withdrawn. ITEM `A' AND `B' OF THE OFFICE REPORT 2. On December 12, 1995, this Court accepted the suggestion of the Government placed before this Court through Mr. KTS Tulsi, that all those persons who are to be given Government accommodation on security reasons should be shifted to a compact unit (multi-storey buildings were suggested by Mr. Tulsi on earlier occasion which are not higher than type VI). We agreed with the suggestion. We were under the impression that by now the proposal of the Government to shift these persons to a compact place must have been carried through, but it has not been done as yet. We direct the Government through Director of Estates and Secretary-Ministry of Urban Affairs to allot the necessary accommodation to the persons who are to be given accommodation for security reasons within four weeks from today. All the houses occupied by the persons on security reasons, to which they are not entitled to, shall be got vacated within two weeks from thereafter. Needless to say that the NCT, Delhi Administration shall provide all assistance to the Central Government in the completion of the accommodation etc. for this purpose. 3. Mr. KTS Tulsi states that despite offering accommodation of their entitlement to various members of Parliament, they are not vacating the existing accommodation and are not shifting to the accommodation allotted to them. We direct all those persons, whether Member Parliament or others, who have been offered the accommodation of their entitlement to vacate the existing premises within 15 days from the date of allotment. We further direct the Directorate of Estate to evict the persons who fail to vacate the premises within the time allowed by us. 4. Pursuant to this court's order, Directorate of Estate has placed before this Court a list of persons in whose favour.the Government dues occurring as a result of unauthorised occupation/overstay of Government accommodation have been waived and the overstay has been regularised. We are of the view that an independent Government authority should examine the justification in each case and submit a report to this Court. As suggested by Mr. Tulsi and agreed by Mr. Kapil Sibal, we direct Mr. We are of the view that an independent Government authority should examine the justification in each case and submit a report to this Court. As suggested by Mr. Tulsi and agreed by Mr. Kapil Sibal, we direct Mr. C Ramachandran, Secretary, Ministry of Urban Affairs, Department of Urban Development to issue notices to all such persons (the list of all such persons shall be supplied to Mr. Ramachandran by the Directorate of Estates within two days from today). These persons may be asked to file their reply to the +notices. Mr. Ramachandran may hear these persons on representation. He may submit a consolidated report to this Court within eight weeks from today. Mr. Ramachandran may take into consideration the various recommendations made by the Public Accounts Committee (1995-96) relating to Ministry of Urban Affairs and Employment (Urban Development) in its report presented to Lok Sabha on December 22, 1995. He shall also suggest the criteria which may - be taken as a guide-line to deal with such cases. The report shall be filed in this Court on or before March 25, 1996. ITEM `C' & `F' OF THE OFFICE REPORT 5. Akhil Bhartiya Hindi Sanstha (34-D, Kotla Road, New Delhi); Aalami Urdu Conference (164,166, Rouse Avenue, New Delhi); Mahila Dakshta Samiti (19-D Fire Brigade Lane, New Delhi) and some other bodies of the type are occupying various Government accommodatio. s. It is stated that Aalami Urdu Conference has already applied to the DDA for allotment of a piece of land so that they can build their own building on the plot. We direct the Secretary, Ministry of Urban Affairs and Employment, Department of Urban Development to indicate to this Court the Government policy so far as these institutions/bodies are concerned. He shall also indicate as to how many such institutions/bodies are occupying the Government accommodation for all time to come or some other alternative arrangement is to be made by the Government or by the institutions/bodies themselves. He may file an affidavit of a responsible officer in this Court within two weeks from today. ITEM `D' OF THE OFFICE REPORT 6. Mr. Tulsi states that the photo copy of the sale deed produced by Mr. V P Sharma (Type I1192, North West, Moti Bagh, New Delhi) relates to the year 1984. He may file an affidavit of a responsible officer in this Court within two weeks from today. ITEM `D' OF THE OFFICE REPORT 6. Mr. Tulsi states that the photo copy of the sale deed produced by Mr. V P Sharma (Type I1192, North West, Moti Bagh, New Delhi) relates to the year 1984. According to him, the matter was examined by the Directorate of Estates but he is not satisfied about the genuineness of the case. Mr. Tulsi may file a short affidavit of the Directorate of Estates in this respect within one week from today. ITEM 'E' OF THE OFFICE REPORT 7. Mr. C.B. Lal, Director (Works), CPWD is present. He states that the four houses which were in occupation of the unauthorised persons as a result of the stay granted by the Central Administrative Tribunal have been got vacated as a result of the vacation of the stay order. He further states that this Court's directions have been fully complied with. 8. The Directorate of Estates has placed on record report of inquiry in pursuance of the Ministry of Urban Affairs and Employment Order dated October 18, 1995 relating to the CPWD. A copy of the report has been given to Mr. Sibal. To be taken up on the next date of hearing. ITEM 'G' OF THE OFFICE REPORT 9. Mr. Tulsi states that the house in question has been vacated by Mr. M. Padmanabhan, Ex-M.P. Rajya Sabha. It is further stated that if any dues are recoverable from him, the follow-up action shall be taken. ITEM 'H' OF THE OFFICE REPORT 10. The Directorate of Estates has placed on record a list of allottees who have been allotted houses "on compassionate grounds". A copy of the list has been given to Mr. Sibal. Mr. Sib,. along with Mr. Tulsi and Director of Estates shall examine the matter and suggest some rational basis to deal with this problem. 11. A short affidavit has been filed by the Director of Estates. Mr. Tulsi states that the inspection teams of the Directorate of Estates have visited about 28,000 houses to find out the houses which have been sub-let by the allottees. It is stated in the affidavit that as per the preliminary Report there are 2859 houses which are prima facie is found to be sub-let. Mr. Tulsi states that the inspection teams of the Directorate of Estates have visited about 28,000 houses to find out the houses which have been sub-let by the allottees. It is stated in the affidavit that as per the preliminary Report there are 2859 houses which are prima facie is found to be sub-let. The process of inspection is going on at the level of Directorate of Estates. We direct that in all those cases of sub-letting which have been detected by the inspection teams notices be given, if not already given, to show cause to the Estate Office and other authorised persons in this respect. After examining their representations a report in this respect be submitted to this Court. We suggest that a 10 days' notice will be sufficient. 12. It is stated by the Directorate of Estates that it would be possible for the Directorate of Estates to hear about 120-150 cases per day. After completing the day's hearing, the Directorate of Estates shall direct the persons whom they have heard that their cases for final disposal shall be taken up by this Court one week thereafter. 13. List the matter on 30.1.1996. WRIT PETITION (C) NO. OF 1996 (D. NO. 965/96) 14. The writ petition filed by Mr. Tarsem Lal Verma is dismissed. He may approach the Director of Estates by way of a representation. The Director of Estates shall consider the representation and place his report before this Court within a week.