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news details
DB dismisses petitions of ex-Ministers challenging eviction notice
4/24/2018 11:06:37 PM
Early Times Report
Jammu, Apr 24: Bench of the State High Court Comprising Justice Janak Raj Kotwal and Justice Sanjeev Kumar today dismissed the LPA filed by Yogesh Sawhney Ex-Minister, Ajay Sadhotra Ex-Minister and, Gharu Ram former minister and Ashok Sharma Ex-MLC challenging the eviction notice issued by the state.
Division Bench after hearing both the sides observed that appellants have been found not to possess any legal and enforceable right to retain the Government accommodation allotted to them after they ceased to be Ministers/Legislators. The main plank of their claim that they are entitled to continue in occupation of Government accommodation because of their being protected persons does not sustain in view of the finding of the committee as stated above.
DB found no substance in the allegation of hostile discrimination meted out to the appellants by allowing similarly situated persons of ruling dispensation to retain the accommodation allotted to them. The report and the recommendation of the committee do not make any distinction or discrimination/among the former Ministers/Legislators who are retaining Government accommodation beyond the period of their entitlement. It recommends that all such persons may be provided alternate accommodation 'up to six months' to enable them to make arrangements of their own.
DB further observed that no discrimination or unfavorable treatment to the appellants is evident from the report of the committee. It was stated by the learned Advocate General at bar and the Court was assured that the Government is in the process of effecting eviction of all the unauthorized occupants in light of the report and recommendations made by the committee and the notices to appellants, Ajay Kumar Sadhotra and Ashok Kumar Sharma, which were impugned in the writ petitions filed by them, have been issued in the same sequence.
With these observations, Division Bench dismissed the appeals as have no merit.
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