The Delhi High Court on Wednesday expressed serious displeasure over the failure of senior officials of the Ministry of Housing and Urban Affairs (MoHUA) to get over 500 government houses — being illegally occupied by former Members of Parliament — vacated, imposing Rs 10,000 as costs on the department’s secretary.
Reprimanding officials of MoHUA for being “absolutely ineffective in rendering their duties”, a division bench comprising Chief Justice D N Patel and Justice C Hari Shankar ordered that the costs will be deducted from next month’s salary of MoHUA Secretary, Durga Shankar Mishra.
During the hearing of a plea by NGO, Anti Corruption Council of India, on the issue of overstay by ex-MPs in government accommodation, the advocates for the ministry submitted that notices were being served to them and outstanding dues recovered.
The lawyers said a list of over 500 MPs, who were overstaying, has been provided to the court and read out the names of some of them, who owed lakhs of rupees to the government.
Perusing affidavits submitted by the authorities, the bench remarked, “It appears from the affidavits that 575 (houses) are under illegal accommodation.”
It said, “You don’t need a 5-year plan for the (ex-) MPs to be vacated. Have you served any notice for the recovery of the amount? Have you recovered the amount?”
To this, the government counsels responded by saying, “Kindly give us some time.”
The judges observed, “This is not going to happen…you ask one query and the matter is to be adjourned. You have not even served notice. We will impose costs. There is someone staying from 1998. You don’t have time from 1998. Have you recovered any outstanding amount from him?.”
On being told one of the ex-MPs owed Rs 62 lakh, a visibly upset Chief Justice Patel said the list should appear in newspapers.
“The amounts are Rs 45 lakh, Rs 50 lakh, Rs 55 lakhs and people who are employed are not getting accommodation,” he noted.
Besides Mishra, the respondents are Sandeep Dhara, MoHUA Joint Secretary, and Ritu Sain and Naveen Tyagi, both Directors of Estates.
When it was submitted that there were certain things to be verified and that time should be granted, the Chief Justice said, “Is there any computerised data for this as to what is the total amount. An FIR should be filed against all of you. Too much lethargic approach is akin to connivance.”
In its order, the bench observed, “Prima facie it shows connivance of officers of MoHUA. Connivance under IPC is conspiracy…”
It said, “The oldest person staying is from 1998…there are persons who are staying from 2000, 2001, 2005 etc and persons from MoHUA are absolutely ineffective in rendering their duties to the UOI (Union of India).”
Giving time to the respondents to file an affidavit on whether any notice has been given for recovery of the money, the court directed that costs amounting to Rs. 10,000 be deducted from next month’s salary of the MoHUA Secretary and an affidavit filed to that effect.
Noting that the ministry officer present in the court was not at all aware of the facts and should have been ready for queries, the bench said today’s salary of the officer will be deducted.
The bench also put on record that houses being illegally occupied had 4 bedrooms, 4 bathrooms, kitchen and living room or more.