NEW DELHI: The Supreme Court on Wednesday gave four months to the
Uttar Pradesh government to implement in letter and spirit its August 2016 judgment ordering eviction of
ex-CMs and NGOs from government bungalows in posh localities of Lucknow.
On an application filed by NGO 'Lok Prahari' through secretary SN Shukla, a bench of Chief Justice
Ranjan Gogoi and Justices SK Kaul and KM Joseph ordered the UP government to ensure implementation of its August 1, 2016, judgment, which had struck down the UP government's 1997 decision to allot official bungalows in Lucknow to former UP CMs, including
Rajnath Singh, Mayawati and
Mulayam Singh Yadav and ordered their eviction in two months. Other ex-CMs who faced eviction were ND Tiwari, Ram Naresh Yadav and Kalyan Singh.
The SC had in 2016 also struck down allocation of government bungalows to NGOs and social organisations in posh localities - Vikramaditya Marg and Mall Road - in Lucknow. Shukla complained that despite the judgment, three organisations - Ambedkar Mahasabha, Vir Bahadur Seva Sansthan and Mahatam Rai Trust - continue to occupy government houses.
Shukla also alleged that the SC's direction to the UP government to recover the past rent dues calculated at market rate from the allottees had not been followed. The bench asked for implementation of the 2016 judgment and asked the state chief secretary to file a compliance report before the court within four months.
When the UP counsel asked whether the government was to collect market rent from the organisations, the court said it was for the government to decide and take action as per the judgment. SC had held that 'Ex-Chief Ministers Residence Allotment Rules, 1997' was illegal as it was contrary to UP Ministers (Salaries, Allowances Miscellaneous Provisions) Act, 1981, the latter permitting a minister to retain his official residence only for 15 days after demitting the post. On the contrary, the 1997 rules allotted bungalows to ex-CMs for life-time. SC said the 1997 Rules were only executive instructions and could not override the 1981 Act.
Holding that allotment of government bungalows to NGOs, societies and trusts was unjustified, the SC said: "One should remember that public property cannot be disposed in favour of any one without adequate consideration. Allotment of government property to someone without adequate market rent would also be bad in law because the state has no right to fritter away government property in favour of private persons or bodies without adequate consideration and therefore, all such allotments, which have been made in absence of any statutory provision, cannot be upheld."