The Supreme Court has asked the government to throw out the official squatters—a good number of ministers, MPs, bureaucrats and judges who refuse to vacate the government accommodation in posh areas of the national and state capital even after demitting office or retirement. It also allowed authorities to use "reasonable force" for their eviction. The apex court also set a time-frame–up to two months–for the people concerned to vacate the official accommodation after the end of their entitlement period.
Coming out with a slew of suggestions for authorities to take action against illegal occupants, it said no memorials should be allowed in future in any government houses earmarked for residential accommodation. "If as per the estate officer the occupant's case is not genuine not more than 15 days time should be granted and thereafter reasonable force as per section(5) of the Act may be used," the court said. "It is unfortunate that the employees, officers, representatives of people and other high dignitaries continue to stay in the residential accommodation provided by the government though they are no longer entitled to such accommodation," a bench of justices PS Sathasivam and Ranjan Gogoi observed.
It said that MPs, ministers and bureaucrats should immediately leave their premises after demitting office but the occupant can be given a extension of not more than 30 days if his reason to occupy the premises is genuine. In case of member of judiciary, a judge has to leave the premises within 30 days after retirement which can be extended for another month.
"Judges of any forum shall vacate the official residence within a period of one month from the date of superannuation/retirement. However, after recording sufficient reason(s), the time may be extended by another one month," the bench said. It said that as a precautionary measure, a notice should be sent to the allottee concerned under section 4 of Public Premises (Eviction of Unauthorised Occupants) Act (PP Act) three months prior to the date of his/her retirement giving
advance intimation to vacate the premises.
The apex court said the show cause notice be issued to the person concerned within seven days and the estate officer give a hearing to him/her within seven days thereafter. It said the eviction order be passed as expeditiously as possible preferably within a period of 15 days.
“There must be a time frame within how much time the estate officer has to decide about the quantum of rent to be paid," it said adding "the arrears/damages should be collected as arrears of land revenue and there must be a provision for compound interest, instead of simple interest". It said there must be some provision for stoppage or reduction in the monthly pension till the date of vacation of the premises by officials.
"Since allotment of government accommodation is a privilege given to the ministers and MPs, the matter of unauthorized retention should be intimated to the speaker/chairman of the house and action should be initiated by the house committee for the breach of the privileges which a member/minister enjoys and the appropriate committee should recommend to the speaker/chairman for taking appropriate action/eviction within a time bound period," it said.
The court passed the order on an appeal filed by one Karnataka government employee who has approached the apex court challenging an order passed against him for evicting government quarter. The apex court, while hearing his plea, extended the ambit of the petition and issued notice to all states on the issue of illegal occupation by government employees.
