08-06-2008, 01:29 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>Unauthorised occupants of Govt bungalows: SC for change in law </b>
Pioneer.com
Abraham Thomas | New Delhi
<span style='color:red'>Even God cannot save this country," rued the Supreme Court on Tuesday after it gave up on its initiative to introduce changes in law to deal with unauthorised occupants of Government bungalows with an iron hand.
"The whole Government machinery is corrupt. We will lay down the law, but who will implement it," said a Bench of Justices BN Agrawal and GS Singhvi in view of the "galloping trend of unauthorised occupants which neither the Centre nor the States are in a position to contain."</span>
Recalling noted jurist HM Seervai's famous comment to then Prime Minister Moraji Desai that if Chief Ministers of the State do not abide by law, then God save the country, the Bench was peeved to add, "Even God cannot save this country. God is a silent spectator. Even he feels helpless in this country."
This comment coming from the Supreme Court did stun many who stood in the courtroom. The court was in favour of proposing sea changes in law in its desire to see the end of unauthorised occupation of Government bungalows. In this regard, the Bench had sought the responses from the Centre and States on whether it was in favour of amending the relevant provision of law, namely Section 441 of Indian Penal Code.
The Centre in its reply to the court refused to accommodate any such amendment as it felt that unauthorised occupation is 'miniscule'. On top of it, out of the 11 States which submitted their response in writing to the court, most did not support the court's view and suggested that the existing provisions under the Public Premises Act provides for penal provisions considered sufficient.
Finding this stand by the Centre and States as 'condemnable', the Bench said, "It appears that they (Governments) are taking steps in a leisurely manner. Only under the command of this Court they are forded to take action. The Government has no regard to implement the statutory law."
In the light of the Centre's response, the Bench felt that States would be the next to follow suit. Finding its initiative to be a 'futile exercise', the Bench said, "We are of the view that this matter should not be pursued further, ie the proposal to amend Section 441 of IPC is dropped."
The drama in court continued for more than an hour with the Centre counsel Additional Solicitor General Amarendra Saran objecting to the court's comments about the Centre's unwillingness to act against the alleged violators who overstay and refuse to pay rent or give up the accommodation allotted to them. Saran said, "We are acting according to law." Little impressed by this comment, the Bench said, "Law is there, but who bothers. The whole Government is non-functional." When the ASG objected to this comment and suggested the court to fix a fixed timeframe for disposal of evacuation proceedings, the bench refused to budge. "Thirty years ago, nobody thought High Courts and Supreme Court would take up these matters. Its an unwarranted burden on us because of you (Centre)."
Noting its frustration against the Government, the Bench said, "Nobody is there in the Government to bother about public premises to be vacated." In its desperation it turned to amicus curiae Senior Advocate Ranjit Kumar who suggested that the court should not allow the national wealth to be squandered in this manner and must put up a law to ensure people do not overstay Government accommodation. The court would hear individual matters pertaining to eviction of individuals but refused to change its stand on improving the law on this subject
<!--QuoteEnd--><!--QuoteEEnd-->
Government Bungalow are used for Marriages and parties. So minister, Babus etc are miniting money renting their own homes.
Pioneer.com
Abraham Thomas | New Delhi
<span style='color:red'>Even God cannot save this country," rued the Supreme Court on Tuesday after it gave up on its initiative to introduce changes in law to deal with unauthorised occupants of Government bungalows with an iron hand.
"The whole Government machinery is corrupt. We will lay down the law, but who will implement it," said a Bench of Justices BN Agrawal and GS Singhvi in view of the "galloping trend of unauthorised occupants which neither the Centre nor the States are in a position to contain."</span>
Recalling noted jurist HM Seervai's famous comment to then Prime Minister Moraji Desai that if Chief Ministers of the State do not abide by law, then God save the country, the Bench was peeved to add, "Even God cannot save this country. God is a silent spectator. Even he feels helpless in this country."
This comment coming from the Supreme Court did stun many who stood in the courtroom. The court was in favour of proposing sea changes in law in its desire to see the end of unauthorised occupation of Government bungalows. In this regard, the Bench had sought the responses from the Centre and States on whether it was in favour of amending the relevant provision of law, namely Section 441 of Indian Penal Code.
The Centre in its reply to the court refused to accommodate any such amendment as it felt that unauthorised occupation is 'miniscule'. On top of it, out of the 11 States which submitted their response in writing to the court, most did not support the court's view and suggested that the existing provisions under the Public Premises Act provides for penal provisions considered sufficient.
Finding this stand by the Centre and States as 'condemnable', the Bench said, "It appears that they (Governments) are taking steps in a leisurely manner. Only under the command of this Court they are forded to take action. The Government has no regard to implement the statutory law."
In the light of the Centre's response, the Bench felt that States would be the next to follow suit. Finding its initiative to be a 'futile exercise', the Bench said, "We are of the view that this matter should not be pursued further, ie the proposal to amend Section 441 of IPC is dropped."
The drama in court continued for more than an hour with the Centre counsel Additional Solicitor General Amarendra Saran objecting to the court's comments about the Centre's unwillingness to act against the alleged violators who overstay and refuse to pay rent or give up the accommodation allotted to them. Saran said, "We are acting according to law." Little impressed by this comment, the Bench said, "Law is there, but who bothers. The whole Government is non-functional." When the ASG objected to this comment and suggested the court to fix a fixed timeframe for disposal of evacuation proceedings, the bench refused to budge. "Thirty years ago, nobody thought High Courts and Supreme Court would take up these matters. Its an unwarranted burden on us because of you (Centre)."
Noting its frustration against the Government, the Bench said, "Nobody is there in the Government to bother about public premises to be vacated." In its desperation it turned to amicus curiae Senior Advocate Ranjit Kumar who suggested that the court should not allow the national wealth to be squandered in this manner and must put up a law to ensure people do not overstay Government accommodation. The court would hear individual matters pertaining to eviction of individuals but refused to change its stand on improving the law on this subject
<!--QuoteEnd--><!--QuoteEEnd-->
Government Bungalow are used for Marriages and parties. So minister, Babus etc are miniting money renting their own homes.