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“1. It is submitted that the allotment of government house to the employees/officers of the three wings of the government, the Legislature, the Executive and the Judiciary is made under the provisions of allotment of Government Residences (General Pool in Delhi) Rules, 1963 as amended from time to time. These rules provide for allotment, cancellation, retention, penalties for non-vacation of quarters within the permissible retention period. It is submitted that the applicant has to be given an undertaking in “Application Form” itself that he/she agrees to abide by the Allotment of Government Residences (General Pool in Delhi) Rules, 1963 also in the Acceptance Form, the allottee undertakes to vacate the accommodation allotted to him/her within the stipulated period. However, because of certain unavoidable circumstances which may be beyond the control of allottee, the allottee sometimes retains the house for a few days beyond the permissible retention period for which damages rate is charged vis-à-vis action for eviction under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Therefore, the provision of disciplinary may not be desirable. In case of unauthorized occupation, in the case of subletting, apart from charging damages (penal rent) and action is initiated for eviction, disciplinary proceedings are initiated against the unauthorized occupant. In view of these provisions already existing in the rules further undertaking may not be necessary.

3. It is submitted that Section 11(1) of the Act deals with three categories of unauthorized occupation – (i) A person who unlawfully occupies a public premises (ii) A person who having been lawfully in occupation of a public premises by virtue of authority etc., continues to be in occupation of such premises after such authority has ceased to be valid and (iii) A person who has been evicted from the public premises under the Act again occupies the premises without any authority. While Section 11(1) of the Act provides for punishment to unlawful occupants, the proviso of the section deals with unauthorized occupants due to expiry of licence or allotment period. Both the categories i.e., (i) and (ii) are not comparable. Therefore, the provisions meet the requirements to deal with various types of unauthorized occupants and hence cannot be declared ultra vires.

However, there may be a few cases where the allottee or his/her family retains the accommodation beyond the permissible period due to unavoidable circumstances, say, in the case of regularization, re- posting or severe illness for which damages is charged vis-à-vis action under the provisions of the Act. However, in the case of unauthorized occupation on account of subletting, the Directorate of Estates cancels the allotment and initiates eviction proceedings and the controlling department of the unauthorized allottee proceeds for disciplinary action including placing him/her under suspension. Therefore, the suggestion to put all serving unauthorized occupants under suspension will be too harsh and does not fall within the ambit of provisions of the Act. Moreover, suspension is resorted to under certain specific circumstances as a matter of administrative action under CCS (CCA) Rules.

(xx) Henceforth, no memorials should be allowed in future in any Government houses earmarked for residential accommodation.

29) 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. Many of such persons continue to occupy residential accommodation commensurate with the office(s) held by them earlier and which are beyond their present entitlement. The unauthorized occupants must recollect that rights and duties are correlative as the rights of one person entail the duties of another person similarly the duty of one person entails the rights of another person. Observing this, the unauthorized occupants must appreciate that their act of overstaying in the premise directly infringes the right of another. No law or directions can entirely control this act of disobedience but for the self realization among the unauthorized occupants. The matter is disposed of with the above terms and no order is required in I.As for impleadment and intervention.