BANDI S. D. Vs. DIVISIONAL TRAFFIC OFFICER, KARNATAKA STATE ROAD TRANSPORT CORPORATION
LAWS(SC)-2008-11-202
SUPREME COURT OF INDIA
Decided on November 26,2008

Bandi S. D. Appellant
VERSUS
Divisional Traffic Officer, Karnataka State Road Transport Corporation Respondents

JUDGEMENT

- (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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