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Jammu and Kashmir High Court directs UT authorities to evict unauthorised occupants

The Jammu & Kashmir High Court directed the UT administration to evict unauthorised occupants of government accommodations, citing lack of legal entitlement. 

This order stems from a 2020 Public Interest Litigation (PIL) filed by Prof. S.K. Bhalla.

The PIL targeted unauthorised occupation of government accommodations by former ministers and politicians. 

Despite previous orders, occupants remained, prompting the court’s recent directive.

The Division Bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary directed:-

-Evict unauthorised occupants.

-Recover commercial rental charges.

-File latest status report by December 12, 2024.

-Commissioner/Secretary, Estates Department, to appear in person.

The Estates department identified 33 unauthorized occupants, recommending eviction and discretionary quota allotment. Four occupants vacated, while others were requested to follow suit.

The court expressed concern over the Estates department’s inaction, citing slow progress since 2020. 

It questioned why eviction orders weren’t issued post-elections and why commercial rental charges weren’t levied.

The court scheduled the next hearing for December 12, 2024, expecting a comprehensive status report.

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