Asha Sharma vs Chandigarh Administration

Surya Kant, J.—Learned counsel for the parties have been heard on the issue of retention of House No. 55, Sector 5, Chandigarh by the petitioner.

Learned counsel for the petitioner submits that after her retirement from Indian Administrative Services on 29.02.2007, the petitioner was appointed as State Information Commissioner on 03.01.2008 and soon thereafter she applied for the allotment of a house/regularization of the accommodation already in her possession on 14.01.2008. He fairly submits that if the respondents consider the petitioner''s claim for allotment of an alternative government house which the petitioner is entitled to as on date, she would have no objection to vacating the house in her occupation. Mr. Kaushal, learned Senior Standing Counsel for U.T. Administration, on instructions from Ms. Hargunjit Kaur, Assistant Estate Officer who is present in Court, does not dispute the petitioner''s entitlement for allotment of a government house as on today, though it may not be the Type-V house.

Counsel for the petitioner states that no sooner did the respondents consider the petitioner''s claim for an alternative accommodation as per her entitlement than the petitioner undertakes to vacate the house in dispute.

In view of the above noticed stand taken by the counsel for the parties, the order dated 01.12.2003 is modified and it is directed that as soon as another house -strictly as per her entitlement under the Rules - is allotted, the petitioner shall vacate House No. 55, Sector 5, Chandigarh within a period of two weeks of such allotment.

As regard to the penal rent imposed on the petitioner, I am of the considered view that since the petitioner has made out an arguable case, it would be expedient if the Administrator, U.T. Chandigarh considers the petitioner''s representation sympathetically, that may be submitted within one month, for waiving-off the penal rent. The respondents shall not effect recovery of the penal rent till the petitioner''s representation is decided by the Administrator.

The individual claim of the petitioner stands disposed of with these directions.

Adverting to the other related issues taken up suo-moto as well as the prayer made for vacation of the stay order dated 14.12.2009 whereby allotment of all the houses of type III (Old), IV and V (01d), VI (New), VII (01d) was stayed, it is'' stated by learned Senior Standing Counsel for U.T., Chandigarh that given a chance, the Administration shall allot the vacant houses strictly in accordance with the Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996 and the seniority/priority list(s) framed thereunder. He relies upon the contents of the affidavit dated 07.03.2011 and assures full transparency in the matter of the allotment of vacant houses.

Having heard Dr. Khemka IAS in person and learned Senior Standing Counsel for U.T. Administration and keeping in view the fact that a number of Government houses kept un-allotted under the orders of this Court serve no one''s purpose and rather their condition is deteriorating for want of proper up-keep and maintenance, the interim order dated 14.12.2009 is modified and the Chandigarh Administration is permitted to allot the vacant houses to the eligible applicants, however, subject to the following conditions/directions:-

(i) no allotment shall be made in exercise of the discretionary powers of the Administrator, U.T., or Chief Ministers of Punjab and Haryana;

(ii) no house shall be allotted ''out of turn'' without prior permission of this Court;

(iii) no house shall be ''earmarked'' for any particular office/officer till the earlier ''earmarked'' houses which were subsequently ''de-earmarked'' and allowed to be retained by the officers, who were not entitled to such allotment as their seniors in terms of pay, rank or status were still awaiting allotment of that Type or above houses, are got vacated except in the case of the SSP, Chandigarh in relation to whom one time concession has been granted vide order dated 07.03.2011;

(iv) a list of the ''prospective allottees'' shall be prepared and displayed on the website of the Chandigarh Administration two weeks in advance inviting objections, if any, from the aggrieved officers/officials who might assert their preferential claim. It is only after considering/deciding their objections that the allotment letters shall be issued;

(v) the list of the prospective allottees shall be placed before this Court also on the adjourned date and any aggrieved officer/official shall be entitled to submit objections thereto;

(vi) A public notice of the information at Sr. Nos. (iv) and (v) above shall be got published by the Chandigarh Administration at least in two daily newspapers;

(vii) no further ''addition'' of the houses shall be made to the discretionary quota of the Chief Ministers of Punjab and Haryana nor the possession of the vacant houses exceeding the said quota, as it exists today, shall be given to the allottees.

(viii) An order of precedence amongst the functionaries of Constitutional, Statutory and Executive Authorities shall be prepared and placed before the Court on the adjourned date.

Vacation of Houses Unauthorisedly Occupied:- '' Shri Kaushal, learned Senior Standing Counsel for U.T., Chandigarh, on instructions, states that the Administration has taken a conscious decision to get vacated the houses occupied by the officers who have got themselves allotted one house in Chandigarh and another in the States of Punjab and Haryana as well as from those officers who initially occupied an ''earmarked'' house and got it ''de-earmarked'' to which they were not entitled to at that point of time. It is directed that if the need to initiate the proceedings under the Punjab Public Premises (Eviction of Unauthorized Occupants) Act, 1973 arises, it shall be completed within a period of one month, if so required, by taking up day to day proceedings. The appeal, if any, filed by the aggrieved person shall also be decided within one month.

Post for further hearing on 18.04.2011.

A copy of this order be supplied Dasti under the signatures of the Bench Secretary to learned counsel for the parties.