ORDER B.N. Agrawal and P.P. Naolekar, JJ. - 1. In the latest status report filed on behalf of the State of Tamil Nadu, it has been stated that out of 38 unauthorised occupants, 18 have already vacated and so far as five persons are concerned, as they did not cooperate in effecting delivery of possession inspite of orders passed by the competent authority, their premises have been sealed as required under law. Delivery of possession shall be taken by the State within six weeks from today and if armed force is necessary the same shall be deployed within 48 hours from the time the requisition is received. 2. With regard to Thiru A. Shakhi, it has been stated that he made a representation to the State Government for granting him time till 30th September, 2007, to vacate. The said occupant is granted time till 30th September, 2007, to vacate the premises in his occupation upon filing usual undertaking in this Court within four weeks from today. This order shall not in any manner affect claim of the State for realising rental/penal rental from the said occupant. 3. With regard to eleven persons, it has been stated that the following writ petitions are pending before the Madras High Court. S.No. Name Case No. 1. Dr. T. Praphakara W.P.No.17143/2007 2. Thiru R.S. Natarajan W.P.No.16973/2007 3. Dr. Ebenezer W.P.No.21340/2007 4. Sri E. Paulraj W.P.No.45990/2006 5. Sri K. Subbiah W.P.No.37679/2006 6. Sri T.Ganapathiyappan W.P.No.37539/2006 7. Tmt. Sumathi W.P.No.330/2005 8. Sri A. Pathrose W.P.No.39658/2000 9. Sri M. Kaliyan W.P.No.7747/2006 10. Tmt. Nirmala W.P.No.22233/2007 11. Sri B. Murugesan W.P.No.38729/2006 4. So far as Shri T.S. Kaliyaperumal is concerned, it has been stated that he has preferred an appeal against the order passed in the Suit and the same is pending before the appellate forum. The Appellate Court is directed to dispose of the appeal within three months from the date of production of copy of this order by the State of Tamil Nadu before such Court which must be done within six weeks from today. 5. So far as the cases of Shri Kalyanasundaram and Shri B. Jesurathinam are concerned, their Suits are pending before the City Civil Court, Chennai. 5. So far as the cases of Shri Kalyanasundaram and Shri B. Jesurathinam are concerned, their Suits are pending before the City Civil Court, Chennai. If those Suits are not ready for hearing, the Trial Court shall make all possible efforts to make them ready and it shall dispose of the same within a period of nine months from the date of production of copy of this order by the State of Tamil Nadu before such Court which must be done within six weeks from today. 6. So far as the payment of rental/penal rental is concerned, the State of Tamil Nadu is directed to furnish the details of action taken for recovery of rent/penal rent from the unauthorised occupants, which must be filed within six weeks from today. 7. Place the matter on 25th September, 2007. STATE OF ANDHRA PRADESH: 8. In the additional affidavit filed on behalf of the State of Andhra Pradesh in the month of July, 2007, it has been stated that 41 unauthorised occupants from All India Services and 63 unauthorised occupants from the Non-Cadre posts, have already vacated the Government premises. 9. With regard to 60 persons, it has been stated that Court cases are pending in different Courts, but the details of these cases have not been given. On the last occasion, we asked the State to take steps for disposal of the aforesaid cases. Learned counsel stated that memos have been issued to the concerned Government Pleaders to take steps for early disposal of the aforesaid cases. In our view, issuance of memos to the Government Pleaders for taking steps is simply an eye wash. The State is required to take positive steps by filing petitions, duly affidavited by a competent officer in those cases which must be done within six weeks from today. The State is directed to file further affidavit disclosing therein the details of cases pending in relation to those 60 persons and steps taken for disposal of the same, as directed by our earlier order. In the said affidavit, it must be further stated as to what action has been taken against the unauthorised occupants, whether they have vacated or still in occupation and in relation to payment of rental/penal rental against them. In the said affidavit, it must be further stated as to what action has been taken against the unauthorised occupants, whether they have vacated or still in occupation and in relation to payment of rental/penal rental against them. It should further state as to whether the steps required in paragraph 3 of our order passed on 30th August, 2006, which is quoted hereinbelow, have been taken or not and if not taken the reasons for the same must be stated in the affidavit: "3. Affidavit shall further state clearly for what period 209 persons remained in unauthorized occupation and what is the amount of Rent/Penal rent etc., the State is entitled to realise from them by deducting every month from their salary or post retirement benefits or pension or attaching their deposits or by attachment and sale of their properties in accordance with the provisions of relevant Public Demands Recovery Act. It should be also stated in the affidavit as to whether by not vacating the Government accommodation such unauthorized occupants incur any criminal liability under the Public Premises Act or Indian Penal Code or any other law for the time being in force so that in case any such liability is incurred directions may be given to launch criminal prosecution against them by filing complaint in Court. Further affidavit shall state as to why the appropriate Government/Authority/Body/ High Court be not directed to consider desirability of initiating proceeding under the relevant Service Rule and suspend the unauthorized occupants which includes Judicial Officers in contemplation of departmental proceeding as such conduct of theirs is unbecoming of Judicial Officers/Government servants and in future also, no sooner occupation of a person becomes unauthorized, such action be taken immediately." The affidavit must be filed within six weeks from today. 10. Place the matter on 25th September, 2007. UNION OF INDIA: 11. It is unfortunate that inspite of repeated orders, the latest status report has not been filed on behalf of the Union of India. Six weeks further time is granted by way of last chance to file latest status report in relation to vacation of houses, pending cases and steps taken for realisation of rental/penal rental from the unauthorized occupants, who have either vacated or are still continuing in unauthorised occupation. 12. Six weeks further time is granted by way of last chance to file latest status report in relation to vacation of houses, pending cases and steps taken for realisation of rental/penal rental from the unauthorized occupants, who have either vacated or are still continuing in unauthorised occupation. 12. It appears that on 17th January, 2007, while dealing with the case of Union of India, we passed orders, which reads thus: "On behalf of the Union of India latest status report has been filed on affidavit, according to which out of 497 unauthorized occupants 432 either have already vacated or have been already regularised. So far as the remaining 65 occupants are concerned, cases are pending before different Courts and authorities. Union of India shall move the Courts/authorities concerned for disposal of the cases within a period of four months from the date application is filed on behalf of the Union of India. So far as cases of regularisation is concerned, Union of India is directed to file separate list stating therein grounds for regularisation in relation to individual cases. So far as recovery of rent is concerned, status report shall be filed by the Union of India. So far as 30 houses in the pool of Legislature are concerned, Union of India shall move the respective House Committees for appropriate action. Place the matter on 1st May, 2007, one week before which date latest status report shall be filed on behalf of the Union of India." From the aforesaid order, it appears that 30 houses were in the pool of Central Legislature and the Union of India was required to move, the respective House Committees for allotment of quarters, for appropriate action. In the affidavit, it should be stated as to whether Union of India had moved the said Committees and if so, what steps have been taken and whether the houses have been vacated or any Court case is pending. The affidavit must be filed within six weeks. Place the matter on 20th September, 2007. STATE OF BIHAR: 13. On 17th January, 2007, we passed the following order in relation to the State of Bihar: "Latest status report has been filed on behalf of the State of Bihar on affidavit, according to which all the persons have been evicted except 4 persons out of 258 against whom proceedings have been initiated. STATE OF BIHAR: 13. On 17th January, 2007, we passed the following order in relation to the State of Bihar: "Latest status report has been filed on behalf of the State of Bihar on affidavit, according to which all the persons have been evicted except 4 persons out of 258 against whom proceedings have been initiated. Latest status report shall be filed in relation to proceedings initiated against the aforesaid 4 persons and the steps taken by the State of Bihar for recovery of penal rent. Place the matter on 24th April, 2007, one week before which date latest status report shall be filed by the State of Bihar." From the aforesaid order, it appears that four unauthorised occupants had not vacated till then. Status report filed today shows that out of four such unauthorised occupants, one Shri K.K. Singh has already vacated. It has been further stated that so far as the case of another person Shri Anand Kishore Prasad is concerned, he filed a Writ Petition bearing C.W.J.C. No. 8725 of 2006, which is pending before the Patna High Court. So far as the other two unauthorised occupants, namely, Shri Masood Hasan and Santosh Kumar are concerned, no statement has been made in the affidavit. In the latest status report to be filed before the next date, the position in this regard shall be stated. 14. With regard to the two persons, mentioned in the chart enclosed with the affidavit filed on behalf of the State of Bihar in the month of January, 2007, it appears that some eviction orders have been passed against them and the same are being executed. It is not known whether the orders of eviction have been executed or not. With regard to this also in the latest status report it should be stated. In case the orders of eviction have not been stayed by any Court and the same have not been executed, the State of Bihar shall see that these orders are executed and the aforesaid persons are evicted from the Government quarters within a period of six weeks from today and if for the same any armed force is necessary, the same shall be requisitioned from the concerned Superintendent of Police, who shall depute it within forty eight hours from the time the requisition is received. 15. 15. On 30th August, 2006, we passed an order in relation to the State of Bihar itself in the matter, inter alia, for realisation of rental/penal rental, which runs thus: "3. Affidavit shall further state clearly for what period 209 persons remained in unauthorized occupation and what is the amount of Rent/Penal rentetc., the State is entitled to realise from them by deducting every month from their salary or post retirement benefits or pension or attaching their deposits or by attachment and sale of their properties in accordance with the provisions of relevant Public Demands Recovery Act. It should be also stated in the affidavit as to whether by not -9-vacating the Government accommodation such unauthorized occupants incur any criminal liability under the Public Premises Act or Indian Penal Code or any other law for the time being in force so that in case any such liability is incurred directions may be given to launch criminal prosecution against them by filing complaint in Court. Further affidavit shall state as to why the appropriate Government/Authority/Body/ High Court be not directed to consider desirability of initiating proceeding under the relevant Service Rule and suspend the unauthorized occupants which includes Judicial Officers in contemplation of departmental proceeding as such conduct of theirs is unbecoming of Judicial Officers/Government servants and in future also, no sooner occupation of a person becomes unauthorized, such action be taken immediately." Pursuant to our order passed on 17th January, 2007, an affidavit has been filed from which it appears that one Departmental Secretary is writing to another in relation to realisation of penal rent from the unauthorized occupants. In our view, this is simply an eye wash. It is not known whether the State of Bihar is serious in regard to realisation of rental/penal rental from the unauthorised occupants. The State must take positive steps in terms of our order dated 30.8.2006 and state in the affidavit to be filed within six weeks from today as to what steps they have taken. 16. In the affidavit filed today, names of 56 persons have been enumerated in Annexure-2 thereof and it has been stated that they are also in unauthorised occupation. It has been stated that eviction proceedings have been started against the aforesaid persons. 16. In the affidavit filed today, names of 56 persons have been enumerated in Annexure-2 thereof and it has been stated that they are also in unauthorised occupation. It has been stated that eviction proceedings have been started against the aforesaid persons. We direct the State of Bihar, in terms of our order dated 31st July, 2007, in relation to the case of State of Orissa, to take immediate steps for suspending those persons out of 56, who are still in Government service in contemplation of departmental proceeding, which order must be passed within six weeks from today and departmental proceedings should be initiated. In the affidavit, the steps taken in this regard should also be stated. 17. It has been stated in the affidavit, which was filed on behalf of the State of Bihar on 18th April, 2007, that the following persons have vacated and paid penal rent: a) Smt. Rita Jha b) Sri Rajiv Ranjan Verma c) Sri Bechan Singh d) Sri Ballabh Prasad e) Md. Khalilur Rehman f) Sri Anand Kishore g) Sri Santosh Kumar Mall h) Sri Pankaj Kumar i) Sri Z. Ahmed." In the affidavit filed today, it has been stated that following three persons have vacated and paid the penal rent as well: "a) Sri Ajit Kumar b) Late Digamber Pandey c) Sri Krishna Kumar Singh." In view of the aforesaid fact that twelve unauthorised occupants have vacated the premises and paid the rent/penal rent, the notices issued against them by this Court are discharged. 18. Place the matter on 20th September, 2007. STATE OF MADHYA PRADESH: 19. In the latest affidavit dated 16th April, 2007, filed on behalf of the State of Madhya Pradesh, it has been stated that in relation to 175 unauthorised occupants, cases are pending in different Authorities/Courts. Out of the aforesaid cases in relation to six unauthorised occupants, the following Writ Petitions are pending before the Madhya Pradesh High Court in main seat of the Court at Jabalpur: S.No. Name Case No. 1. Shri Shivshankar Pateria W.P.No.1554/2005 2. Shri Swaraj Prasad Dwivedi W.P.No.892/2005 3. Shri S.S. Asthana W.P.No.597/2005 4. Shri Nagendra Tripathi W.P.No.5576/2000 5. Shri H.S. Khan W.P.No.1630/1995 6. Shri Cornol Makasood W.P.No.2717/2001 20. With regard to eleven persons, it has been stated that appeals are pending before the Divisional Commissioner, Bhopal. Shri Shivshankar Pateria W.P.No.1554/2005 2. Shri Swaraj Prasad Dwivedi W.P.No.892/2005 3. Shri S.S. Asthana W.P.No.597/2005 4. Shri Nagendra Tripathi W.P.No.5576/2000 5. Shri H.S. Khan W.P.No.1630/1995 6. Shri Cornol Makasood W.P.No.2717/2001 20. With regard to eleven persons, it has been stated that appeals are pending before the Divisional Commissioner, Bhopal. The State of Madhya Pradesh is directed to take steps by moving the Divisional Commissioner, Bhopal, by filing Petitions before him in those cases within a period of six weeks from today for its disposal and the Divisional Commissioner is directed to dispose of those cases within a period of four months from the date of filing of petitions on behalf of the State. 21. Further, it has been stated that 158 cases were filed and in some of them, orders of eviction have been passed. We direct the State of Madhya Pradesh to take steps for execution of the said orders in case there is no order of stay by any appellate authority or Court. The steps for taking possession must be completed within a period of six weeks from today. If for taking possession, any armed force is necessary, the same shall be requisitioned from the concerned Superintendent of Police, who shall depute the same within forty eight hours from the time the requisition is received by him. 22. In relation to other cases in which no order of eviction has been passed and proceedings are pending before the competent authority at Bhopal, we direct it to dispose of the same within a period of six months from the date of production of copy of this order by the State of Madhya Pradesh, which must be done within six weeks from today. 23. In relation to 209 persons, the following statements have been made in paragraph 4 of the affidavit filed on 16th April, 2007: "4. Cases in respect of 209 unauthorised occupants out of which 148 are from Press pool/Journalists and 61 are from social organisations/social workers/prominent personalities/institutions, are pending, as the State Govt. have constituted a Cabinet Sub-Committee to monitor and consider the issues involved in these cases. These cases will be decided after the Cabinet Sub-Committee submits its report to the State Govt. & the latter takes decisions on the recommendations. have constituted a Cabinet Sub-Committee to monitor and consider the issues involved in these cases. These cases will be decided after the Cabinet Sub-Committee submits its report to the State Govt. & the latter takes decisions on the recommendations. These cases which were included in R-9 in last reply are enumerated separately in Annexure R-12." The State of Madhya Pradesh, in the affidavit to be filed within six weeks, shall state as to what is the position of the Committee referred to above. A copy of the report of the Committee shall be filed before this Court and what steps have been taken for eviction of the unauthorised occupants and recovery of rental/penal rental shall be stated in the affidavit. 24. In the affidavit, it shall be further stated what is the total amount of rental/penal rental to be further realised from the unauthorised occupants and what steps have been taken therefor. In the affidavit it shall be also stated as to what steps have been taken for realisation of rental/penal rental in terms of our order dated 30th August, 2006, paragraph 3 whereof runs thus: "3. Affidavit shall further state clearly for what period 209 persons remained in unauthorized occupation and what is the amount of Rent/Penal rent etc., the State is entitled to realise from them by deducting every month from their salary or post retirement benefits or pension or attaching their deposits or by attachment and sale of their properties in accordance with the provisions of relevant Public Demands Recovery Act. It should be also stated in the affidavit as to whether by not vacating the Government accommodation such unauthorized occupants incur any criminal liability under the Public Premises Act or Indian Penal Code or any other law for the time being in force so that in case any such liability is incurred directions may be given to launch criminal prosecution against them by filing complaint in Court. Further affidavit shall state as to why the appropriate Government/Authority/Body/ High Court be not directed to consider desirability of initiating proceeding under the relevant Service Rule and suspend the unauthorized occupants which includes Judicial Officers in contemplation of departmental proceeding as such conduct of theirs is unbecoming of Judicial Officers/Government servants and in future also, no sooner occupation of a person becomes unauthorized, such action be taken immediately." Place the matter on 27th September, 2007. 25.UNION OF INDIA, GOVERNMENTS OF ALL THE STATES AND UNION TERRITORIES In relation to realisation of rental/penal rental from unathorised occupants of Government accommodation, we would like to hear all concerned on the following points:- i) Whether under Public Premises Acts applicable to the premises of Union of India, and all the State Governments and Union Territories, there is any provision for adjudication of rental/penal rental from unauthorized occupants of Government accommodation? ii) Whether rental/penal rental in relation to Government premises can be realised as Land Revenue under the Public Demands Recovery Acts applicable to the Union of India and the States and Union Territories? iii) What are the modes of recovery of land revenue under the Public Demands Recovery Act applicable to the Union of India and various States and Union Territories and whether it is open to Certificate Officer to first resort to the mode of recovery of public demands by arrest and detention of certificate debtor in Civil Prison? iv) Whether before passing an order for committing the certificate debtor to Civil Prison in execution of certificate filed for realisation of land revenue, a Certificate Officer is required to give a certificate debtor an opportunity of showing cause and pass a reasoned order? v) Whether a Certificate Officer can under law simultaneously resort to all the modes for recovery of public demands? vi) Whether for recovery of public demand all movables and immovables of a certificate debtor can be attached and sold and if the answer is in the negative, nature of the properties which are exempted from attachment and sale? Place the case on 11th September, 2007 for consideration of this matter. 26. Let copies of this order be sent by fax as well to the Registrar Generals of Madras, Patna and Madhya Pradesh High Courts, who shall place the same before the learned Chief Justices of those Courts for taking their orders on the Administrative Side to place the cases before appropriate Bench. We hope and trust that these cases would be disposed of within a period of six months from the date of receipt/production of copy of this order. We hope and trust that these cases would be disposed of within a period of six months from the date of receipt/production of copy of this order. Copies of this order may be made over to Shri Ranjit Kumar, the Amicus, Shri Amarendra Sharan, Additional Solicitor General appearing on behalf of the Union of India, and learned counsel appearing on behalf of all the States and Union Territories for taking steps to file their respective responses, if so advised, in relation to matters enumerated in paragraph 25 above by 8th September, 2007 and other matters enumerated in this order in relation to the Union of India and the States of Tamil Nadu, Andhra Pradesh, Bihar and Madhya Pradesh within the time specified. Let copies of this order and order dated 24.7.2007 be also made over to Shri Gopal Subramanium, Additional Solicitor General, representing the Attorney General for India with a request to assist the Court in relation to the matters enumerated in paragraphs 7 to 12 of the said order and paragraph 25 of this order.