UP govt attempts to skirt SC order against bungalows to ex-CMs

Lucknow, Aug 18 (PTI) In a move aimed at circumventingthe Supreme Court order on eviction of former chief ministersfrom state bungalows within two months, Uttar Pradesh Cabinethas approved crucial changes in a legislation allowing them tooccupy the accommodation for life. The proposed amendments would now be placed before theAssembly during the upcoming session which starts on August22, an official spokesman said here today. The apex court had on August 1 directed six former chiefministers of Uttar Pradesh to vacate their official bungalowsin Lucknow in two months and pay the rent at market rate forthe period falling under unauthorised occupation. The affected ex-CMs were Union Home Minister and BJPleader Rajnath Singh, Rajasthan Governor Kalyan Singh,Samajwadi Party chief Mulayam Singh Yadav, BSP supremoMayawati and Congress leaders ND Tiwari and Ram Naresh Yadav.All of them have bungalows in Lucknow. In view of the court orders, the state cabinet at itsmeeting chaired by Chief Minister Akhilesh Yadav yesterdaygave its nod to certain amendments in the UP Ministers(Salaries, Allowances and Miscellaneous Provisions) Act, 1981so that they could occupy the government accommodation forlife. The apex court had passed the order after it found the1997 rules of allotment, introduced by the state, were incontravention of the 1981 Act. Under the 1981 Act, CMs were supposed to vacate theirofficial residences in 15 days after demitting office, whilethe rules framed in 1997 allowed them to retain the bungalowsfor life. Any rule framed in violation of the Act was bad in law,the apex court held while quashing the 1997 rules. The SC clarified that ex-CMs could not be equated withformer Presidents and Vice-Presidents who were allottedgovernment accommodation for life or with the ex-PrimeMinisters who were entitled to official bungalows for 10years. No other constitutional functionaries such as Governors,chief justices, or Union ministers were allowed to enjoygovernment accommodation post-retirement or two bungalows (onein their home state and another at the place of their presentoffice), the three-member bench headed by Justice Anil R Davehad noted. The bench, which included justices NV Ramana and RBanumathi, had also rejected the state’s contention that ithad to allot the bungalows as most of the ex-CMs were gettingZ-plus security. Official sources said the government plans to come up witha separate Act to define the process of allotment ofgovernment houses to individuals and trusts, but thepreparation of the draft might take some time. PTI SMIRT