Occupation of bungalows: court issues notice

New Delhi, July 13 (IANS) The Supreme Court Thursday issued notice to the secretary generals of the Lok Sabha and the Rajya Sabha seeking explanation as to how some former ministers were unauthorisedly occupying official bungalows above their entitlement.

A bench of judges B.N. Agrawal and P.P. Naolekar issued the notice after Additional Solicitor General Amarendra Saran informed the court that "sitting MPs, upon ceasing to be ministers, do not vacate the 'general pool' houses allotted to them when they were ministers.

"As an MP they are entitled to accommodation only from the respective 'house pools' and not from the general pool."

Saran said 36 MPs were in occupation of such houses from the general pool above their entitlement. Of them, five had been allotted the same accommodation with the approval of the Cabinet Committee on Accommodation (CCA) and one MP had vacated his bungalow.

It was in this context the bench sought details from the secretary generals. The bench also asked the government to explain under what circumstances and authority of law it had regularised the accommodation of higher type/category to five MPs, whether under the 'discretionary quota', if so to state whether it was permissible under the rules.

Saran informed the court that out of the 497 bungalows/houses, which were unauthorisedly occupied, 349 had been vacated.

He said 60 cases were pending in the Delhi High Court and 16 in the lower court.

The high court had vacated stay against eviction of 19 journalists, who were included in the list of unauthorised occupants of government accommodation and their eviction was under process.

Saran said 25 eminent artistes had exceeded their stay but the ministry of culture had stated that it would take up the matter with the CCA for extension of the allotment period. The remaining cases were pending before the estate officers at various stages.

Recording these submissions, the bench asked the government to explain whether the vacant houses had been re-allotted, and if so, to whom and were they entitled to such allotments.

The bench also asked the government to file an affidavit giving details about the pending cases and also state the defences being taken by the unauthorised occupants in these proceedings.

The court asked the ministry of culture and tourism to explain why it recommended to the CCA to allow the 25 artistes to continue with the possession of government accommodation despite their allotment period having expired.

Enlarging the scope of enquiry to other states, the bench asked the governments of Uttar Pradesh, Bihar, West Bengal, Orissa and Madhya Pradesh to file a status report in four weeks giving details of unauthorised occupation by VVIPs.