In a pivotal development concerning the much-debated PIL No.17/2020, which has been seeking the eviction of overstaying former Ministers and Legislators, the Director Estates Jammu/Kashmir has taken action. Acting upon the directives of the Division Bench of the High Court of Jammu & Kashmir and Ladakh dated April 3, 2024, the Estates Department has issued show-cause notices of eviction to 42 occupants, including prominent political figures such as Former Chief Minister Ghulam Nabi Azad and Former Deputy Chief Ministers Muzaffar Hussain Beigh and Kavinder Gupta.
The list of recipients also encompasses other former Ministers, Ex-MLAs, and political personalities Former Ministers Sajjad Gani Lone, Moulvi Imran Raza Ansari, Sat Sharma, G.M. Saroori, Sunil Sharma, Abdul Gani Vakil, Abdul Majid Padder, Hakeem Mohammad Yasin, Former MLAs/MLCs Ravinder Raina (State President, BJP), R.S. Pathania, Pardeep Sharma, Family of Late Rajesh Gupta, Vibodh Gupta, Daleep Singh Parihar, Ravinder Sharma, Neelam Langeh, Shoaib Nabi Lone, Haji Abdul Rashid, MS Panditpuri, Raja Manzoor, Nizam-u-Din Bhat (Ex-VC, J&K Muslim Specified Waqaf and Waqaf Properties), Mir Mohd. Fayaz (Ex-MP), Zafar Iqbal Manhas, Abdul Rahim Rather, Bashir Ahmed Dar, Mohammad Amin Bhat, Sofi Yousaf, M.Y. Tarigami, Yasir Reshi, Surinder Ambardar, Mohammad Abbas Wani, Political Persons namely Shafiq Mir (Chairman Panchayat Conference), Shilpi Verma, Tariq Ahmed Keen, Sheikh Ishfaq Jabbar, Zahid Hussain Jan, S.S. Channi, Sona-ullah Lone, Reyaz Ahmed Mir requiring all these politicians to appear before the Director Estates Jammu/Kashmir in person or through virtual mode for giving the written response alongwith the documentary evidence, if any, in support of continuation of accommodations of allotment at Jammu/Srinagar or otherwise within 10 days from the date of receipt of these notices.
The Division Bench, headed by Chief Justice N. Kotiswar Singh, through its order dated April 3, 2024, instructed the Director Estates Jammu/Kashmir to individually assess each of the 43 individuals and make specific decisions regarding the cancellation or continuation of their accommodations. The Bench emphasized the necessity of providing specific reasons supported by evidence if the accommodations were to be continued, indicating a thorough scrutiny of the matter.
Today, Senior Additional Advocate General S.S. Nanda filed an application seeking modification of the April 3 order, citing the enforcement of the Model Code of Conduct and the prescribed timeline. The Estates Department has proposed deferring the proceedings until June 4, 2024, to ensure that appropriate orders can be passed in compliance with the Court’s directives.
Importantly, the Division Bench also instructed the Estates Department to provide details regarding the rentals paid by the occupants since they ceased holding office, along with explanations for any deviations from commercial rental rates.
This significant matter of public interest is scheduled for rehearing on May 8, 2024, underscoring the gravity and complexity of the issues at hand. As the legal process unfolds, the decisions taken will likely have far-reaching implications for the governance landscape of Jammu & Kashmir.
