SHIV SAGAR TIWARI v. UNION OF INDIA AND ORS.

(4) The out-of-turn allottees who would become liable to eviction on account of their illegal occupation of the quarters would pay twice of the licence fee in so far as Type III quarters are concerned; and three times of the licence fee for Type IV and above. • G (5) The Government employees who .had occupied accommodation on out-of-turn basis but who are not to be evicted would be required to pay licence fee as stated above, for the period they were in out-of-turn occupation..

H (6) Those Government employees who were denied allotments,

SHIV SAGAR TIWARiv. U.0.1.(HANSARIA,J.] %9

despite having become eligible on in-turn basis, would receive compensa- A -1) tion as indicated in para 48 of the judgment.

(7) The extent of discretionary quota would be 5 per cent in each type of houses which would fall vacant in one year. From this 5 per cent quota, allotment could also be made, if the guidelines to be framed as directed in para 52 would permit, to freedom fighters, eminent artists, social workers and any organisation or institution or other defined category of persons. The guidelines would be framed within three months from today.

{8) The guidelines would be duly notified and while making allotment reasons would be given. List of such allottees shall be notified and circu- lated to all the Government Departments. Further, a yearly statement of such ·allotments would be laid on the table of the each House of the Parliament.

{9) From the Press Pool, ~otment would be made in terms of what has been stated in para 61 if the Government were to accept the same; and action for eviction, wherever required, would be taken by asking to vacate the premises latest by 31st March, 1998.

{10) Freedom fiiltters, artists and social workers would not be en- titled to allotment from General Pool, but could be granted allotment from the discretionary quota, if guidelines would permit. The present occupants would be dealt with according to what has been stated quo them in paras 53, 54 and 55 respectively.

{ll){a) The political parties would be entitled to allotment as per the policy to be framed, regarding which mention has been made in para 61 F of the judgment.

(b) After policy has been framed and the other steps have been taken as indicated in that para, those political parties who would be in occupation of greater number of units or would not be eligible as per the revised policy G would be given reasonable time to vacate the accommodation under their occupation.

(12) Other organisation would not be entitled to allotment of quarters from General Pool, but could be so adjusted from discretionary quota if guidelines would permit. That organisation which would not get H

970 SUPREME COURT REPORTS(1996] SUPP. 10 S.C.R.

A allotment from the discretionary quota shall have to vacate the premises under its occupation within reasonable time in terms of various interim orders passed concerning them from time to time. (t.

(13) The President, Vice-President and Prime Minister of India would be accommodated in government premises after demitting of office B by them as stated in para 64.

(14) The unauthorised occupants of government premises, who are liable to pay damages, would do so as per the relevant rules.

(15) The waiver orders as passed have no sanction oflaw; and while c undertaking recovery the same shall be ignored and the recovery proceed- ings would abide the order passed on 29.11.1996.

(16)(a) Against those Government servants who have sub~let their premises departmental proceedings would be. initiated as stated in the order of 29.11.1996. D (b) The sub-letees, being unauthorised occupants, would be evicted ., most expeditiously.

(17)(a) Apart from the General Poo~ Tenure Pool and Press Poo~ another Pools would be created as mentioned in para 78 of the jud~ent. E (b) Earmarked quarters would be made available to the holders of post mentioned in para 79.

(18) The Central Government would examine the question of under- tal&g construction work as indicated in para 80 of the judgment. F (19) The concerned authorities shall examine the question as to whether the persons owning houses in Gaziabad and Gurgaon should also be debarred from getting the government accommodation in Delhi.

Epiloque G

83Copy pinpoint83. We would first say that we are conscious that some percentage of those who were given/had obtained out-of-turn allotments would be required to be evicted pursuant to this judgment. We also know that the would-be-evictees include those who are Type III allottees and are in lower H rung of the hierarchy. It has not been possible to exclude them altogether

SHIV SAGAR TIWARiv. U.O.I. [HANSARIA,J.] 971

from the purview of our consideration for reasons given. We have made A

- them available such benefit regarded reasonable by us.

84Copy pinpoint84. When grave illegality of great magnitude is required to be cured, at times a sort of surgery becomes necessary, and then suffering cannot be avoided altogether. In out attempt to cause the minimum suffering, we softened the painful process by reducing the number of those who would have to be evicted from 3768 (8778?) to 4672 first and now to around 2000. Of them, some may get excluded if the Medical Board required to be set up so recommends.

85Copy pinpoint85. So, we have taken care of the hardship aspect to the extent deemed permissible, keeping in view the call of law and equity. Let it be .said that we have to keep well in mind the injustice which had been caused to those who·had been denied allotment despite having become entitled to the same. There can be no denial that equity leans heavily in their favour. To state shortly, what we have finally ordered is what we must have, to be true to our conscience and to the cause this Court had undertaken to serve. D

86Copy pinpoint86. Before closing the proceedings, we put on record our great appreciation for the very laborious work undertaken by the members of the Gupta Committee. There is no doubt th:at but for the meticulous examina- tion of each case by the Committee and consideration of objections filed before it, we would not have been able· to deal with the problem of this magnitude to our satisfaction. Secondly, we express our gratitude for the very useful assistance rendered by S/Shri Ashok Desai, Kapil Sibal and Ranjit Kumar; so also by S/Shri KTS. Tulsi and Altaf Ahmad, learned Addi. Solicitors General. But for this, we could not have wade through the sea, ,~ as the case ultimately came to be. Then, the knowledgeability and availability of the Director Shri Harcharan Jit Singh had proved very useful to us. It was this, which had led us to require this retention here. Needless to say, it is the initiative taken by Shri Shiv Sagar Tiwari which set the ball rolling. He deserves commendation for the same.

87Copy pinpoint87. Finally, we hope that coming years would not see any scam or misuse of power in making allotments of government quarters. The trust which is reposed in this context on high public functionaries would be discharged, we are sure, only to advance the object of providing of suitable condition of work to Government employees so that the Government is run on even keel; and shelter, which is a very pressing necessity of any human H

972 SUPREME COURTREPORTS[1996] SUPP. 10 S.C.R.

A being, would not come to be denied if the same if otherwise due to. the incumbent. A satisfied bureaucracy is as much necessary, as good political leadership, to deliver goods. The Government of free India have many promises to keep after its tryst with destiny on the midnight of 14th August,

1947. We have no doubt that all the public functionaries would so act that B the meeting with destiny really sees the dawn of an era of hope for all.

88Copy pinpoint88. We say no more. Adieu.

v.s.s. .Petition disposed of.