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Use "reasonable force" for evicting illegal occupants of govt

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Press Trust of India New Delhi
The Supreme Court today voiced concern over some ministers, MPs, bureaucrats and judges continuing to stay in government accommodation even after demitting office or retirement and allowed authorities to use "reasonable force" for their eviction.

The apex court also set a time-frame--up to two months-- for the people concerned to vacate the official acomodation after the end of their entitlement period.

Coming out with a slew of suggestions for authorities to take action against illegal occupants, it said no memorials should be allowed in future in any Government houses earmarked for residential accommodation.

"If as per the Estate officer the occupant's case is not genuine not more than 15 days time should be granted and thereafter reasonable force as per Section(5)(@) of the Act may be used," the court said.
 

"It is unfortunate that the employees, officers, representatives of people and other high dignitaries continue to stay in the residential accommodation provided by the Government of India though they are no longer entitled to such accommodation," a bench of justices P S Sathasivam and Ranjan Gogoi observed.

It said that MPs, ministers and bureaucrats should immediately leave their premises after demiting office but the occupant can be given a extension of not more than 30 days if his reason to occupy the premises is genuine. In case of member of judiciary, a judge has to leave the premises within 30 days after retirement which can be extended for another month.

"Judges of any forum shall vacate the official residence within a period of one month from the date of superannuation/ retirement. However, after recording sufficient reason(s), the time may be extended by another one month," the bench said.

It said that as a precautionary measure, a notice should be sent to the allottee concerned under Section 4 of Public Premises (Eviction of Unauthorised Occupants) Act(PP Act) three months prior to the date of his/her retirement giving advance intimation to vacate the premises.

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First Published: Jul 05 2013 | 7:30 PM IST

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