Jammu and Kashmir High Court seeks details of politicians given government accommodation despite having alternative houses

The High Court of Jammu and Kashmir and Ladakh recently sought information on the details of politicians who have unlawfully been given government accommodation even though they already have alternative housing [Prof S K Bhalla V/S Union Territory of J&K and others]..The Court noted that it is not permissible under law to provide such accommodation to anyone who has an alternative accommodation under the Jammu and Kashmir Estates Department (Allotment of Government Accommodation) Regulations, 2004..The High Court was dealing with a Public Interest Litigation (PIL) filed by one SK Bhalla through his counsel, advocate SS Ahmed. The plea highlighted the unauthorized occupancy of government accommodation by former ministers, MLAs, MLCs, political persons, Members of Parliament (MPs), bureaucrats, etc. after they ceased to hold any official position..Earlier in March this year, the Court was given a list of 48 such politicians. On September 13, the bench of Chief Justice N Kotiswar Singh and Justice Rajesh Sekhri ordered that a list be furnished of persons from this list who were given government accommodation in Jammu or in Kashmir despite having alternative housing. This information has been sought from the petitioner's counsel, advocate Ahmed as well as the government counsel, Advocate General SS Nanda who appeared for the Jammu and Kashmir Estates Department. "Mr. S.S. Nanda, learned Sr.AAG shall also furnish as to whether any of the persons mentioned in the aforesaid list has an alternative accommodation/house either in Jammu or in Kashmir so that appropriate order can be passed, as it will not be permissible under law to provide accommodation to any person who has an alternative accommodation within the meaning of Rule 5 of Regulations of 2004," the order stated. .The Court was also told that there were politicians who were given such accommodation even though they were otherwise not entitled to it.In response, the Court has sought information on the nature of the government accommodation given to the politicians mentioned in the March 2023 list. The Court is slated to examine whether the accommodation allotted is in line with the accommodation that the politician was entitled to under Regulation 3 of the 2004 Regulations. Regulation 3 defines the kind of accommodation that can be allotted depending on the rank of the minister or government servant..The matter will be heard next on September 25, 2023..[Read Order]