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1996 DIGILAW 938 (SC)

Shiv Sagar Tiwari v. Union of India

1996-04-17

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : Item No. A: 1. On our suggestion it is agreed that Mr. KTS Tulsi, Mr. Ranjit Kumar and Mr. Tiwari shall examine the report of Mr. C. Ramachandran and tenatatively indicate the merit of each case for the consideration of this Court. This may be done within one week. 2. To be listed on 23rd April, 1996. 3. We are informed that the Press Council of India is investigating into the allotment of Government house to the Journalists with a view to find out the cases where the allotment needs to be reviewed. Mr. Tulsi states that he would have matter looked into and report on 23rd April, 1996. Item No. B: 4. The C.B.I. has today filed the second interim report. This Court has now two reports - interim report No. 1 dated April 2, 1996 and the report dated April 16, 1996. In the second report it is stated that the C.B.I. has registered 9 regular cases. In the 8 cases registered on April 12, 1996 searches have been concluded on 25 places and 10 persons have been arrested. Incriminated documents have also been seized, which are under security. We grant further two month's time to C.B.I. to complete the investigation. 5. We are satisfied with the investigation conducted; so far by the C.B.I. we have no doubt in our minds that the C.B.I. shall not spare any one involved in this case howsoever high he or she may be. It is no doubt correct that C.B.I. has to proceed in accordance with law including the Constitutional provisions. 6. The material placed before us inter-alia, discloses that 41 shops/stalls allotted by Smt. Sheela Kaul on June 7, 1995 and 2 shops allotted on July 3, 1995 were in total contravention of the rules/policy approved by herself on December 26, 1994. These shops/ stalls were situated in Lodhi road complex - I & II, Hanuman Road Market, Baba Kharak Singh Marg Market, D.I.Z. area Market and Pleasure Garden near Lajpat Nagar Market. The material on the record further shows that the said 43 shops/stalls were allotted by Smt. Sheela Kaul without issuing any public notice/inviting applications from the eligible persons which was in violation of the policy formulated by her on December 26, 1994. The material on the record further shows that the said 43 shops/stalls were allotted by Smt. Sheela Kaul without issuing any public notice/inviting applications from the eligible persons which was in violation of the policy formulated by her on December 26, 1994. The material also discloses that orders of allotment in respect of said 41 shops/stalls were passed by Smt. Sheela Kaul on June 7, 1995 (5.shops and 36 stalls). The material further discloses that all the six shops have been allotted by her to own relations/ employees/domestic servants of her family members and family friends. She has allotted two shops to her two grand-sons, one shop to the maid servant of her son, Shri Vikram Kaul, who is residing in Dubai. One shop to Handloom Manager of the firm, owned by her son-in-law and another shop to a close friend. One shop has been allotted to the nephew of her Minister of State Shri P.K. Thungon. It is further on the record that while making allotments in respect of stalls she has allotted most of the stalls to the relations, friends of her personal staff and officials of Directorate of Estate. The details and the names of allottees and their relationship have also been placed on the record. 7. The above quoted are some of the allegations against Smt. Sheela Kaul. There are similar allegations against other persons against whom C.B.I. is investigating. 8. These reports be placed under sealed cover. 9. To come up on 23rd April, 1996. ITEM NO. C: 10. The report submitted by Directorate of Estate is taken on record. 11. To come up in July, 1996. ITEM NO. D: 12. As suggested by Mr. KTS Tulsi and agreed by Mr. Ranjit Kumar and Mr. Tiwari, we defer the consideration of Item D till 9th July, 1996 at 2.00 p.m. I.A. NO. 35: 13. Mr. KTS Tulsi, learned ASG states that there are total of 11 persons who. are to be given Government accommodation on security grounds. He states that 6 out of 11 have already been shifted to Type VI houses. It is further stated that Mr. HKL Bhagat, Smt. Akbar Jehan Begum and Justice Mahesh Chandra are to be shifted by the end of this month. He further states that so far as Mr. MS Bitta and Mr. He states that 6 out of 11 have already been shifted to Type VI houses. It is further stated that Mr. HKL Bhagat, Smt. Akbar Jehan Begum and Justice Mahesh Chandra are to be shifted by the end of this month. He further states that so far as Mr. MS Bitta and Mr. KPS Gill are concerned, no suitable accommodation has so far been located to shift these two persons. We see no justification for permitting these persons to keep on staying in Type VII and Type VIII houses, despite repeated orders of this Court. We direct the Directorate of Estates to find out suitable house for Mr. Bitta and Mr. KPS Gill and shift them before May 31, 1996. We make it clear that no further extension of time shall be granted. The Registry shall not entertain any application for extension of time in this respect. We further make it clear that any violation of this order shall attract the provisions of the Contempt of Court Act. 14. So far as allotment of houses on security reasons is concerned, the Public Accounts Committee of the Tenth Lok Sabha in its report presented to the Lok Sabha on December 22, 1995 stated as under: "Priority allotment on grounds of security should be restricted to only 'Z' category protectees. In the case of non- officials, allotment should be restricted to accommodation of not higher than Type VI. Further, the facility should be extended only to those proctees who do not own a house in Delhi, and in case they do, their house should be surrendered to Government free of rent. In case of officials in 'Z' category, they would continue to be provided accommodation on priority basis but one type below their entitlement." 15. Keeping in view the above quoted paragraph from the report of the Public Accounts Committee, we direct that all the 11 persons who are being given Government accommodation on security reasons be asked to surrender the houses owned by them, if any, to the Directorate of Estates. In case the houses owned by any of these persons have been rented out, the rent so paid by the tenant shall go to the Govt. fund after making necessary adjustment regarding the rent paid by these persons in respect of the Government accommodation. 16. In case the houses owned by any of these persons have been rented out, the rent so paid by the tenant shall go to the Govt. fund after making necessary adjustment regarding the rent paid by these persons in respect of the Government accommodation. 16. The Directorate of Estates shall bring this order to the notice of all the persons concerned. I.A. No. 32: Issue notice to Mr. Tiwari and Mr. Ranjit Kumar. 17. To come up in July, 1996. I.A. No. 36: 18. We permit the Directorate of Estates to invite further applications for allotment of houses from eligible candidates. These applications shall only be considered after the pending list is exhausted. I.A. No. 34: Mrs. Sushma Suri accepts notice of the I.A. 19. To come up on 9th July, 1996. W.P. No. 163/96: 20. Mrs. Sushma Suri accepts notice returnable on 23rd April, 1996. In case Mr. Malhotra is not entitled to the house which he is occupying, the Estate office may suggest alternate accommodation for him. I.A. (By Mr. S.S. Tiwari) 21. List on 23rd April, 1996. (Note: This matter be listed on every Tuesday at 2.00 p.m.)