JUDGEMENT
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(1.) AN additional affidavit dated 7-11-2008 has been filed on behalf of the State of Gujarat, which has been sworn by the Executive Engineer, Division No. 1, Capital
Project, Sector 16, Gandhinagar, in which it has been stated that out of 122
unauthorised occupants in government quarters, 65 persons have vacated and
occupation of seven has been regularised. With regard to remaining persons, it has
been stated that they are still in unauthorised occupation and eviction proceeding in
relation to them is pending.
(2.) ALONG with the affidavit, a list of 50 such persons has been furnished, but against some of them, eviction case number has not been given and in relation to others it has
been simply mentioned that notices have been issued. Nowhere it has been stated as
to before which authority the cases are pending. It has also not been furnished as to
why no eviction proceeding has been taken in relation to the persons against whom
notices have been issued. We are not in a position to know as to what is the stage of
proceeding. Apart from this, in the affidavit, it has nowhere been stated regarding
recovery of arrears of rental / penal rental from the unauthorised occupants.
The deponent of the said affidavit is directed to file further affidavit in relation to all these matters within four weeks. The affidavit should further disclose as to why no
action has been taken for realisation of arrears of rental / penal rental and who is the
person who is responsible for the same. On
the next date we may consider for directing the State Government / authority concerned
to consider desirability of taking appropriate action against the delinquent officer. State
of Madhya Pradesh
(3.) AN affidavit dated 19-8-2008, duly sworn by Shri Sanjay Dubey, Secretary, Government of Madhya Pradesh, Department of Home and Director of Estates, has
been filed in which it has been stated that four government premises are still under
the occupation of unauthorised occupants. A chart has been filed in which it has
been mentioned that in one case the proceeding is pending from 1995 and in other
cases from 2005 and 2006. Let the deponent file an affidavit within four weeks as to
why these proceedings have not been disposed of and who is the officer responsible for
its long pendency so that the State Government may be asked to consider the
desirability of taking suitable action against the delinquent officer.;
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