JUDGMENT : State of Gujarat: 1. An additional affidavit dated 7th November, 2008, has been filed on behalf of the State of Gujarat, which has been sworn by the Executive Engineer, Division No.1, Capital Project, Sector-16, Gandhinagar, in which it has been stated that out of 122 unauthorized occupants in Government quarters, 65 persons have vacated and occupation of seven have been regularised. With regard to remaining persons, it has been stated that they are still in unauthorized occupation and eviction proceeding in relation to them is pending. 2. Along with an affidavit, a list of 50 such persons has been furnished, but against some of them, eviction case number has not been given and in relation to others it has been simply mentioned that notices have been issued. Nowhere it has been stated as to before which authority the cases are pending. It has also not been furnished as to why no eviction proceeding has been taken in relation to the persons against whom notices have been issued. We are not in a position to know as to what is the stage of proceeding. Apart from this, in the affidavit, it has nowhere been stated regarding recovery of arrears of rental/penal rental from the unauthorized occupants. 3. The Deponent of the said affidavit is directed to file further affidavit in relation to all these matters within four weeks. The affidavit should further disclose as to why no action has been taken for realisation of arrears of rental/penal rental and who is the person who is responsible for the same. On the next date we may consider for directing the State Government/concerned authority to consider desirability of taking appropriate action against the delinquent officer. State of Madhya Pradesh: 4. An affidavit dated 19th August, 2008, duly sworn by Shri Sanjay Dubey, Secretary, Government of Madhya Pradesh, Department of Home and Director of Estates, has been filed in which it has been stated that four Government premises are still under the occupation of unauthorized occupants. A chart has been filed in which it has been mentioned that in one case the proceeding is pending from 1995 and in other cases 2005 and 2006. A chart has been filed in which it has been mentioned that in one case the proceeding is pending from 1995 and in other cases 2005 and 2006. Let the Deponent file an affidavit within four weeks as to why these proceedings have not been disposed of and who is the officer responsible for its long pendency so that the State Government may be asked to consider desirability of taking suitable action against the delinquent officer. 5. Apart from that, no statement has been made as to what are the total dues towards arrears of rental/penal rental against the unauthorized occupants, how much amount has been recovered and what steps have been taken for recovery of the balance amount. In case no steps have been taken, explanation must be furnished for the same. Affidavit in this regard must be filed within the same time. State of Tamil Nadu: 6. An affidavit dated 28th September, 2008, duly sworn by Principal Secretary to Government of Tamil Nadu in the Department of Housing and Urban Development has been filed in which it has been stated that out of 38 unauthorized occupants, 37 have vacated and one person has still not vacated, for which suit was filed bearing O.S. No.6715 of 1993, against which an appeal has been preferred bearing ASSR No.3243 of 2007, which is pending in the Court of Principal District Judge, Chennai. It has been also stated that writ petition bearing No.37134 of 2007, is also pending disposal before the Madras High Court at Chennai. In the said case some interim order has been passed. 7. Let an affidavit be filed as to in relation to which matter, these proceedings are pending before the District Judge and in the High Court and what steps have been taken in these cases. Let an affidavit be filed by the Deponent in relation to these facts within four weeks from today. 8. So far as the recovery of arrears of rental/penal rental is concerned, the State of Tamil Nadu has furnished list of 38 unauthorized occupants out of whom elevan have fully cleared the dues. From 27 persons, a sum of Rs. 1,01,11,681/- has to be realised on account of arrears of rental/penal rental. It is surprising that many of the officers against whom there are dues on this account are still continuing as members of Indian Administrative Service holding responsible posts. From 27 persons, a sum of Rs. 1,01,11,681/- has to be realised on account of arrears of rental/penal rental. It is surprising that many of the officers against whom there are dues on this account are still continuing as members of Indian Administrative Service holding responsible posts. We do not know whether all of them are still in service or some of them have retired. 9. Be that as it may, let the Chief Secretary file an affidavit within the same time stating therein as to how these officers holding such high offices remained in unauthorized occupation for years together and why the arrears of rental/penal rental have not been recovered from them. The affidavit should further state as to why this Court should not consider directing the concerned Government to consider desirability of taking disciplinary action against such officers. State of Karnataka: 10. In an affidavit sworn on 25th August, 2008, by Smt. Vatsala Watsa, Additional Chief Secretary, Government of Karnataka, it has been stated that out of 38 unauthorized occupants, 13 have been already evicted and in relation to 25 persons, cases are pending in different Courts, viz., High Court, Authority under the Karnataka Public Premises (Eviction of unauthorized Occupants), Act and City Civil Courts, but the details of cases have not been enumerated. 11. Let the State furnish details of the cases pending in various Courts/Authorities within four weeks from today. State of Andhra Pradesh: 12. The affidavit duly sworn on 21st July, 2008, by Shri J. Subba Rayudu, Estate Officer, Hyderabad and the chart enclosed therewith show that Quarter No.B-27/F1 is in occupation of Shri M. Jagannadam, M.P. (T.D.P.), who has not vacated the said quarter and is continuing therein under permission of the State Government. It has not been stated in the affidavit or in the chart as to whether the occupation of the said learned Member of Parliament is authorised or unauthorized. 13. Let the Chief Secretary file an affidavit as to how the said learned Member of Parliament is occupying the quarter and whether he is entitled under law as a Member of Parliament to occupy Government accommodation in his constituency or native State as a matter of right; if so, relevant provisions of the Rules should be quoted in the affidavit, which should be filed within four weeks from today. 14. 14. So far as thirteen persons, whose names have been enumerated at Sl. Nos.47 to 59, it has been mentioned that they were in unauthorized occupation. The cases filed by them against their eviction have been disposed of and they have filed appeals before the State Government for purchase of the Government accommodation on payment of market value thereof instead of vacating the same and the said appeals are still pending. 15. Let Chief Secretary file an affidavit within the same time as to whether there is any rule under which Government quarter can be allowed to be purchased by an unauthorized occupant; if so, details of rules should be furnished in the affidavit. 16. It has been stated in the chart against Sl. No.60 that Shri Ashok Babu, Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad, has not vacated the quarter and is paying penal rent. In relation to his eviction, matter is pending before the High Court in Writ Petition No.1894 of 2005. The High Court is requested to dispose of the said writ petition within six months from the date of receipt/production of copy of this order. 17. After disposal of the writ petition by the High Court, the matter should be reported to this Court by the Registrar General of the High Court by fax to the Registrar (Judl.) of this Court. A copy of this order be sent to the Registrar General of the Andhra Pradesh High Court by fax as well. 18. So far as recovery of arrears of rental/penal rental is concerned, a list of 122 persons has been furnished in Annexures III(A) and III(B) and amount of rental has been enumerated but it has not been stated as to what steps have been taken for recovery of the same. Let the Estate Officer file an affidavit within the same time giving explanation as to why no steps have been taken for recovery of the same. 19. A list of 37 persons has been enumerated which relates to their overstaying in the quarter at Kundanbagh during the course of transit. It does not appear either from the list or from the affidavit as to whether any rental/penal rental is required to be paid by these persons or not. 20. 19. A list of 37 persons has been enumerated which relates to their overstaying in the quarter at Kundanbagh during the course of transit. It does not appear either from the list or from the affidavit as to whether any rental/penal rental is required to be paid by these persons or not. 20. Our attention has been drawn by the learned Amicus Curiae that the State Government has issued a General Order on 23rd June, 2007, bearing G.O.R.T. No.3542, from which, according to him, the Government has got power to regularise overstay in transit quarters. Let the Chief Secretary file an affidavit within the same time as to under what circumstances the said Government Order has been issued. The Estate Officer should furnish details of quantum of arrears of rental/penal rental to be recovered from the aforesaid thirty seven persons in relation to which affidavit must be filed by him within the same time. State of West Bengal: 21. It has been stated in the affidavit dated 27th September, 2008, duly sworn by Shri Indra Narayan Chakraborty, Secretary, Department of Housing, Government of West Bengal, that, out of 183 unauthorized occupants, 115 persons have been already evicted and so far as 68 persons are concerned, a bald statement has been made that they are still continuing in occupation. No statement has been made as to whether any step has been taken for eviction of these unauthorized occupants. The aforesaid deponent shall file an affidavit within four weeks as to why, so far, no steps have been taken. In case steps have been taken, details should be furnished and in case proceeding is pending since how long it is pending and reasons for its pendency should be disclosed in the affidavit. 22. So far as 98 persons are concerned, it has been stated in the affidavit that they moved the High Court in eviction matter and the writ petition was dismissed which order has been confirmed by dismissal of the special leave petition by this Court and time was granted to them to vacate by 7th November, 2008 failing which State was directed to take vacant possession by 14th November, 2008 and, if necessary, by deputation of armed force. It was further directed that if any person, other than the unauthorized occupants, is found in possession, he shall be also dispossessed from the Government premises. It was further directed that if any person, other than the unauthorized occupants, is found in possession, he shall be also dispossessed from the Government premises. Let an affidavit be filed in this regard also within the same time. 23. In relation to the penal rental, statement has been made in the affidavit that a sum of Rs. 15,90,419/- has been recovered but it has nowhere been stated as to how much more amount towards arrears of rental/penal rental is due and against whom. Let an affidavit furnishing all the details in this regard be filed within the same time. 24. Learned counsel appearing on behalf of the State stated that so far affidavit has been filed in relation to unauthorized occupants of Housing Department but it is not known whether in any other Department also, Government servants are in unauthorized occupation or not. 25. Let an affidavit be filed on behalf of the State of West Bengal as to whether there is any unauthorized occupant in any other Government Department; if so, its details must be furnished in the affidavit which should be filed within the same time. State of Uttar Pradesh: 26. Let the State file latest status report in relation to eviction and recovery of arrears of rental/penal rental within four weeks. The affidavit should further disclose details of persons who have not vacated the Government quarter and cases pending relating to them. State of Bihar: 27. So far unauthorized occupation is concerned, it has been stated that out of 146 persons, 143 have been evicted and occupation of three persons has been regularised. 28. Let an affidavit be filed on behalf of the State showing latest status report regarding recovery of arrears of rental/penal rental within four weeks from today. State of Assam: 29. An affidavit dated 27th August, 2008, duly sworn by Officer on Special Duty, Government of Assam, has been filed and along with the affidavit, a chart has also been enclosed. From the affidavit and the chart, it appears that 25 persons are still in unauthorized occupation but details of the action taken against them have not been furnished. 30. Let the Officer on Special Duty file an affidavit in this regard within four weeks from today. State of Punjab: 31. Learned counsel appearing on behalf of the State of Punjab stated that all unauthorized occupants have already vacated the Government quarters. 32. 30. Let the Officer on Special Duty file an affidavit in this regard within four weeks from today. State of Punjab: 31. Learned counsel appearing on behalf of the State of Punjab stated that all unauthorized occupants have already vacated the Government quarters. 32. So far as payment of arrears of rental/penal rental is concerned, let a detailed affidavit be filed within four weeks from today. I.A. No.4 [Filed by State of Rajasthan]: 33. Place the interlocutory application on 14th January, 2009. 34. Rejoinder affidavit, if any, may be filed by the State of Rajasthan within four weeks. 35. It appears that Governments of the States of Rajasthan, Meghalaya, Chhattisgarh, Kerala, Goa, Maharashtra, Orissa and Union Territory of Chandigarh have not filed latest status report, which must be filed within four weeks from today. 36. Place the matter on 14th January, 2009. In Re.: Union of India: 37. Place the matter on 2nd December, 2008. 38. Let copies of this order be furnished to the learned Amicus Curiae and counsel appearing on behalf of all the States, Union Territories and Union of India. 39. Let copies of this order be sent by fax as well to the Chief Secretaries of all the States and concerned Secretaries of the Union Territories.