Case Note & Summary
The dispute arose from the challenge to an order by the High Court of Punjab & Haryana regarding the retention of government accommodation by a retired employee of the Intelligence Bureau, Onkar Nath Dhar. Dhar, a Kashmiri migrant, had been allowed to retain his government accommodation after his retirement on 31.10.2006, based on representations made to the government citing his inability to return to Jammu due to prevailing circumstances. The High Court had previously ruled in favor of Dhar, allowing him to retain the accommodation on a nominal license fee. The Supreme Court examined the legality of this retention under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and the broader implications of the right to shelter as enshrined in Article 21 of the Constitution. The court noted that while the right to shelter is fundamental, it does not extend to providing government accommodation to retired employees, especially when such accommodation is intended for serving officers. The court referenced previous judgments, including J.L. Koul v. State of J & K, which established that government accommodation is not meant for retirees. The Supreme Court ultimately allowed the appeal, set aside the High Court's order, and directed Dhar to vacate the premises by 31.10.2021, while also requiring the government to report on actions taken against other retired officials occupying government accommodation.
Headnote
A) Public Premises Act - Eviction of Unauthorized Occupants - Retention of Government Accommodation - Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - The court held that government accommodation is meant for serving employees and not for retirees, emphasizing that compassion for displaced persons does not equate to a right to occupy government accommodation indefinitely. The appeal was allowed, and the High Court's order was set aside, restoring the eviction order (Paras 20-21).
Issue of Consideration
Whether a retired government employee has the right to retain government accommodation post-retirement under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the eviction order against the respondent, granting him time until 31.10.2021 to vacate the premises.
Law Points
- Public Premises Act
- Eviction of Unauthorized Occupants
- Right to Shelter
- Rehabilitation Policy
- Article 21 of the Constitution
