Research › Browse › Judgment

Supreme Court of India · body

2006 DIGILAW 758 (SC)

S. D. Bandi v. Divisional Traffic Officer, Ksrtc

2006-07-13

B.N.AGRAWAL, P.P.NAOLEKAR

body2006
JUDGMENT : 1. Pursuant to our last order dated 24th January, 2006, further affidavit has been filed today on behalf of the Union of India. According to the various affidavits, filed so far on behalf of the Union of India, 497 houses of General pool were occupied unauthorizedly by the persons belonging to different limbs of the State, apart from 36 houses of the said pool in occupation of Members of Parliament whose occupation is also unauthorized. We are happy to note that out of that, 349 houses have been vacated, apart from one house of General pool vacated by Member of Parliament, but it has not been stated anywhere that these 350 houses vacated fall under which category. Details of the same which would include number, location and category of those houses, be furnished by the Union of India to this Court. That apart, we would like to know from the Union of India as to whether out of these 350 houses, they have made allotments to anybody and if so, to whom and whether according to their entitlement or by exercising discretionary powers under the relevant Rule, if any. In case no allotment has been made, list of proposed allotments together with entitlement should be filed. All these details must be furnished in the affidavit to be filed by a responsible officer of the concerned Department. 2. It has been stated in the affidavit that in relation to 60 houses, cases are pending in the Delhi High Court, out of which, we are told that, in 19 cases stay has been vacated by the High Court although main cases are pending and now proceedings would continue before the Estate Officer. In the affidavit it shall be stated as to what is the stage of those proceedings and what are the defences taken by the unauthorized occupants therein. 3. Out of remaining 41 cases pending in the Delhi High Court, in relation to one case, we are informed that the house has been vacated. But regarding the other 40 cases, the Union of India has not made any statement, which shall be made in the affidavit. 4. In relation to 16 cases pending in different Courts, other than the High Court and Estate Officer, we are told that six cases have been disposed of and the houses have been vacated. But regarding the other 40 cases, the Union of India has not made any statement, which shall be made in the affidavit. 4. In relation to 16 cases pending in different Courts, other than the High Court and Estate Officer, we are told that six cases have been disposed of and the houses have been vacated. The Union of India shall furnish details as to what is the status of the remaining 10 cases. 5. In relation to 54 houses, it has been stated that proceedings before the Estate Officer are pending. In this regard also similar affidavit should be filed as directed above in relation to 19 cases. 6. It has been stated that 25 houses have been occupied by the Artists whose occupation is unauthorized, but the Ministry of Culture has requested the Department concerned not to initiate any proceeding for eviction as they have approached the Cabinet Committee on Accommodation for extension of their period of occupation. Let an affidavit be filed in this regard by the Ministry of Culture as to why they have taken steps for extension of period in relation to these 25 Artists, when, according to the Union of India, their occupation is unauthorized. 7. It has been stated in various affidavits filed on behalf of the Union of India that 36 houses of General Pool are in occupation of the Members of Parliament though they are not entitled to continue therein and the Department concerned is entitled to get vacant possession thereof. We have been informed that out of 36, one Member has vacated the accommodation whereas 35 Members are still in occupation. 8. Issue notice to the Secretary Generals of Rajya Sabha and Lok Sabha to file response in relation to statements made in various affidavits filed on behalf of the Union of India before this Court on 16th November, 2005, 23rd January, 2006, 5th April, 2006 and 13th July, 2006 in relation to the aforesaid 35 houses. It has been stated in the affidavit that out of 35 occupants, occupation of five persons has been regularized. In affidavit the Union of India shall explain under what circumstances and authority, orders of regularisation have been passed. 9. It has been stated in the affidavit that out of 35 occupants, occupation of five persons has been regularized. In affidavit the Union of India shall explain under what circumstances and authority, orders of regularisation have been passed. 9. In spite of our earlier order, Union of India in its affidavit, has not disclosed the circumstances and authority under which allotments made in favour of 27 persons have been regularized, which shall be also disclosed in the affidavit. 10. In the affidavit number of cases, names and addresses of unauthorized occupants in relation to the aforesaid 60 cases pending in the High Court, 10 cases pending in other Courts and 19 and 54 cases pending before the Estate Officer shall be mentioned. That apart, the names and addresses of 25 Artists, 35 Members of Parliament and 27 persons whose allotments have been regularized, shall be also mentioned in the affidavit. 11. An affidavit in relation to the aforesaid facts must be filed on behalf of the Union of India, Ministry of Culture as well as the Secretary Generals of Rajya Sabha and Lok Sabha within a period of six weeks' from today. 12. List the matter on 5th September, 2006. 13. So far as the matter in relation to vacation of houses from unauthorized occupants within the States of Uttar Pradesh, Bihar, West Bengal, Jammu and Kashmir, Orissa and Madhya Pradesh is concerned, the same shall be considered on the following dates on which dates the case shall be listed: (a) West Bengal and Jammu and Kashmir: 24th August, 2006; (b) Bihar and Uttar Pradesh: 30th August, 2006; and (c) Orissa and Madhya Pradesh : 31st August, 2006. On behalf of the aforesaid States, latest status report shall be filed within a period of four weeks' from today.