SHC seeks details of govt residences occupied by unauthorised people

The Sindh High Court (SHC) has directed the additional secretary of the province’s services, general administration & coordination department to submit a complete list of all such government quarters, flats, bungalows and accommodations that are occupied by unauthorised people.

The order came on a petition of Zamir Ahmed Abbasi against government accommodations not being vacated by government employees. The petitioner said he was allotted a government accommodation on May 14, 2018, but it was not being vacated by a government officer, namely Lt Cdr (retd) Kashif Ahmed Abbasi of the Frontier Constabulary, despite his transfer to Khyber Pakhtunkhwa, adding that his family was still occupying the accommodation.

The SHC’s division bench headed by Justice Nadeem Akhtar said the record showed that the respondent government employee was informed on December 1, 2016 that his allotment in respect of the subject flat had been cancelled in view of his transfer and he was required to vacate the same.

The court said the notice to vacate the accommodation was issued on February 1, 2017, the final notice was issued on July 4, 2018, and the relevant deputy commissioner was asked on May 2, 2019 to take the necessary steps for taking possession of the subject flat from the respondent, who was referred to as an unauthorised occupant in the letter.

The bench said that despite all such efforts, the subject flat has still not been vacated by the respondent nor has the relevant department been able to take its possession. The judge said the services department has admittedly failed in getting the subject flat vacated despite the passage of more than three years, which is sufficient to show the failure on their part.

The court said the services department has also failed to recover the house rent from the respondent after October 2018 despite his unauthorised occupation, adding that the house rent has been paid by the respondent until October 2018 and the amount of Rs187,995 is payable by him on account of Rs12,533 being the rate of the rent.

The bench said the services department has miserably failed in protecting the subject government property, in recovering the rent in respect thereof and also in handing over the same to the legitimate allottee (the petitioner).

The judge directed the additional services secretary to ensure that the possession of the subject flat is taken from the respondent and the same is handed over to the petitioner without fail within a week.

The court said the petitioner had been deprived of enjoying the possession of the subject flat with effect from May 14, 2018, when the same was allotted to him, and he was forced to initiate unnecessary litigation seeking the possession thereof in spite of a valid and subsisting allotment in his favour.

The bench directed the services, general administration & coordination department to pay a sum of Rs100,000 to the petitioner before the next date of hearing as compensation.

The judge said that as the respondent has failed to pay the rent of the subject flat with effect from November 2018, which comes to Rs187,995, his salary is attached to the above extent.

The court directed the inspector general of the Frontier Constabulary Peshawar and the accountant general of KP to ensure that the said amount of Rs187,995 is transferred from the salary of the respondent to the account of the services, general administration & coordination department without fail within 15 days, and to submit a compliance report through the member inspection of the Sindh government without fail within 15 days.

The bench directed the additional services secretary to submit a complete list in court by February 26of all such government quarters, flats, bungalows and accommodations that are in unauthorised occupation or possessed by people who are not entitled to enjoy the possession thereof.