Punjab and Haryana High Court Grants Extension for Eviction of Long-term Occupants from Government Quarters

Court Advocates for a Humane Rehabilitation Policy, Grants Occupants Time Until March 2026 to Vacate Premises

In a significant ruling, the Punjab and Haryana High Court has upheld the eviction of long-term occupants residing in government quarters in Chandigarh, but has also taken a considerate approach by granting them time until March 31, 2026, to vacate the premises. The judgment, delivered by a division bench comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda, addresses the humanitarian concerns associated with the eviction of residents who have lived in Sector 29-B for over 37 years.

The case, titled Salinder Kumar v. Union of India, involved multiple writ petitions where the petitioners challenged their eviction without rehabilitation. The court acknowledged the petitioners' prolonged residency in government-provided accommodation but emphasized that their eviction, as per previous court orders, had attained finality. The bench clarified that the residents were initially accommodated temporarily, following a request from the State of Jammu and Kashmir to provide shelter during the harsh winter season.

Despite the legality of the eviction, the court acknowledged the potential hardship faced by the petitioners. It highlighted the need for a humane approach and directed the respondents to consider formulating a policy for the rehabilitation of the petitioners. The court's directive underscores the importance of addressing humanitarian concerns, particularly for individuals who have contributed to the local community for nearly four decades.

The judgment also revisited previous legal proceedings where the eviction orders had been challenged but ultimately upheld, emphasizing that the occupants had no legal entitlement to retain the accommodation. The court reiterated the necessity for the Chandigarh Administration to consider the feasibility of a rehabilitation policy, given the historical and humanitarian context of the situation.

The ruling not only provides a temporary reprieve for the petitioners but also sets a precedent for balancing legal requirements with humanitarian needs. The court's decision reflects an understanding of the broader implications of eviction and the potential impact on the lives of long-term residents.

Bottom Line:

Eviction of long-term occupants from government quarters without rehabilitation - Court directs reasonable time for vacating premises and consideration of rehabilitation policy. 

Statutory provision(s):  Public Premises (Eviction of Unauthorised Occupants) Act, 1971

Salinder Kumar v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2791639