- (1.) The instant case relates to the occupation of government accommodation by members of all the three branches of the State, viz., the Legislature, the Executive and the Judiciary beyond the period for which the same were allotted. The occupation of such government houses/quarters beyond the period prescribed causes difficulty in accommodating other persons waiting for allotment and, therefore, the Government is at a loss on the one hand in not being able to accommodate those persons who are in need and on the other is unable to effectively deal with the persons who continue to occupy unauthorisedly beyond the period prescribed.
(2.) Despite the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short 'the Act'), it is seen that it has not been effective enough in dealing with the eviction inasmuch as the competent Authority, i.e., Estate Officer has to first initiate proceedings and pass orders after hearing the parties and thereafter, one statutory appeal lies to the District Judge under Section 9 of the Act. After disposal of the appeal, people resort to writ proceedings thereby enjoying the scarce government accommodation. There are cases where the occupants are so affluent that they are willing to pay the penal/market rent and continue to occupy government quarters especially in metropolitan cities where such government quarters are a luxury situated in several acres of land within the heart of the city.
(3.) Before proceeding further, it is useful to find out the circumstances and basis on which the matter was agitated. One Shri S.D. Bandi filed the present appeal against the order dated 25.03.2004 passed by the High Court of Karnataka at Bangalore in W.A. No. 324 of 2002 whereby the Division Bench of the High Court while disposing of the appeal filed by the respondents herein granted time to the appellant herein to vacate the government quarter by 30.04.2004. The appellant was working as a Driver in the Karnataka State Road Transport Corporation (for short "the Corporation"), Mysore Division at Mysore. By order dated 31.05.1992, he was transferred to the Mangalore Division and for joining the place of duty, he was relieved from the duty of Mysore Division on 12.06.1997. Challenging the order of transfer, the appellant herein filed Reference No.21 of 1997 before the Industrial Tribunal, Mysore. At the same time, he did join the place of posting at Mangalore but did not vacate the quarter. On 19.07.1999, the competent officer under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 passed an order of eviction against the appellant in KPP No.3 of 1998. Against the said order, the appellant preferred an appeal before the District Judge, which was dismissed and the order of eviction was confirmed. Being aggrieved, the appellant preferred a writ petition being W.P. No. 41762 of 2001 before the High Court of Karnataka which was allowed on 10.12.2001. In the meantime, on 03.07.2000, the Industrial Tribunal set aside the order of transfer and ordered the appellant to be restored to his original place of work at Mysore. Against the said order, the Corporation filed a petition being Writ Petition No. 3249 of 2001 in which rule nisi was issued and the award of the Industrial Tribunal was stayed. Thereafter, the Corporation preferred Writ Appeal being No. 324 of 2002 against the order dated 10.12.2001 in W.P. No. 41762 of 2001 which was allowed by impugned order dated 25.03.2004 and the appellant herein was also directed to vacate the quarter by 30.04.2004. Challenging the said order, the present appeal has been preferred before this Court by way of special leave.;