JUDGMENT : Item 'A' of The Office Report dated 13.2.1996 1. Mr. KTS Tulsi, learned Additional Solicitor General states that the list as directed by us in our order dated January 29, 1996 is in the process of being prepared. He needs a short adjournment. List on February 29, 1996. Item 'B' of The Office Report 2. This Court on February 5, 1996 passed the following order: "We have received a number of complaints (Anonymous and Synonymous) wherein it alleged that all these allotments were made on extraneous considerations. The allegations are even to the extent that certain persons were acting as agents for procuring such type of allotments. On the last hearing, we handed over a file containing all these complaints to Mr. KTS Tulsi, Additional Solicitor General, Mr. Kapil Sibbal, learned senior counsel, Mr. Ashok H Desai, learned senior counsel and Mr. Shiv Sagar Tiwari, petitioner before us. We requested the learned counsel to assist this Court as to in what manner the investigations in these allotments, which are on the face of it arbitrary, can be done. We have suggested to Mr. Tulsi that this matter be entrusted to the CBI for investigation. We adjourned the arguments on this matter to 14.2.96. Needless to say that it is necessary to have an investigation in a matter like this because this type of allotments have resulted in depriving the genuine Government servants of their right of allotment of houses for a very long time. It is not disputed that a Government servant seeking allotment upto IV category of houses has to wait about 20-25 years to get an allotment." 3. Mr. Tulsi has brought to our notice that the CBI is already seized of this matter. A complaint against one Mr. S.L. Yadav is being enquired by the CBI. Mr. M S Balli, DIG (ACP) CBI, who is present in Court states that the preliminary inquiry being held by the CBI is on a limited question which is the subject matter of the complaint received from reliable sources. We direct the Registry to hand over all the complaints which are on the record of this Court to Mr. M S Balli. The complaints have been handed over to Mr. Balli in Court. We direct the CBI, through its Director and also through Mr. We direct the Registry to hand over all the complaints which are on the record of this Court to Mr. M S Balli. The complaints have been handed over to Mr. Balli in Court. We direct the CBI, through its Director and also through Mr. M S Balli, who is present in Court, to enquire into the complaints and if the complaints are substantiated then register a case against the persons who are prima facie found responsible in the inquiry. Mr. Tulsi, after consulting Mr. Balli, states that the inquiry shall be completed expeditiously and preferably within two months from today. The CBI shall file a report in this Court before April 20, 1996. Item 'C' of The Office Report 4. We have heard Mr. KTS Tulsi, Mr. Shiv Sagar Tiwari and Mr. Rajit Kumar on the question of taking penal action against 8768 allottees in the `Special Compassionate Ground' category. We are prima facie of the view that all those allottees in this category, who on the date of allotment were high-up on the wait-list and would have got the allotment in ordinary course within five years, they be not evicted from the quarters they are occupying as a result of the `Special Compassionate Grounds'. They may, however, be asked to pay special licence fee for the period from the date of their occupation and the date when they would have in the ordinary course got the allotment of the house. We are further, prima facie, of the view that all other allottees in this category be asked to vacate the Government quarters forthwith and they be further asked to pay Special Licence Fee for the period they have been in possession of the Government quarters. Mr. KTS Tulsi has examined the concept of `Special Compassionate Grounds allotments' and he fairly states that he cannot justify this allotment on any ground. Despite that we shall finally determine the status of these persons who are occupying 8768 Government quarters and the penal action which we have prima facie proposed after hearing them. 5. We direct the Director of Estates to prepare two lists of the above mentioned allottees - one of those who are to be evicted on the basis of our prima facie decision and the other of those who are not to be evicted. The lists shall be filed in this Court on or before February 29, 1996. 5. We direct the Director of Estates to prepare two lists of the above mentioned allottees - one of those who are to be evicted on the basis of our prima facie decision and the other of those who are not to be evicted. The lists shall be filed in this Court on or before February 29, 1996. Meanwhile, the Director of Estates shall publish the list of all those who are to be evicted and also liable to pay the Special Licence Fee, in two English daily newspapers and two Vernacular newspapers. This shall be done within one week after February 29, 1996. All those persons, whose names are published, they may, if they so wish, file objections before the Director of Estates/Estate Officer within one week from the date of publication. The publication in the newspaper shall also state that all the persons named in the notice may, if they so wish, can represent before this Court on April 3, 1996. The objection shall be only on the point that on the date of allotment the persons concerned were due for allotment in ordinary course within the next five years. The Director of Estates may designate officers who shall receive the objections and decide them. The objections shall be decided by the Director of Estates/Estate Officers within two weeks of the receipt of the objections. List the matter on April 3, 1996. Item 'D' of The Office Report 6. We are satisfied with the affidavit filed by the Director of Estates. Learned counsel appearing for Mr. V.P. Sharma states that Mr. Sharma has since been dispossessed from the house on January 19, 1996. Item 'E' of The Office Report 7. Adjourned to February 29, 1996.