LOK PRAHARI versus STATE OF U.P. & ORS.

LOK PRAHARI versus STATE OF U.P. & ORS.

1997 Rules allowing former Chief Ministers to occupy government bungalows for life are executive instructions and not statutory rules, and are contrary to the statutory provisions of the 1981 Act, which allow occupancy for only 15 days after demitting office. Such Rules are bad in law and violative of Article 14, since no other constitutional dignitary receives such benefit. Government must recover rent for unauthorized occupation and reclaim premises allotted without statutory authority.

Parties
Petitioner: Lok Prahari; Respondents: State of Uttar Pradesh & Ors.
Jurisdiction
India
Judgment Date
01 August 2016
Procedural Posture
Writ Petition (civil) No. 657 of 2004 / Final Judgment
Outcome
Petition allowed
Legal Topics
Official Residences Allotment, Statutory Interpretation, Separation of Powers, Executive Instructions Vs Statute, Article 14 Equality
Administrative Law Constitutional Law Public Property Official Residences Allotment Statutory Interpretation Separation of Powers Executive Instructions Vs Statute Article 14 Equality

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Parties

Lok Prahari

Petitioner

State of Uttar Pradesh & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 657 of 2004 / Final Judgment

Legal Issues

  1. 1 Whether Ex-Chief Ministers Residence Allotment Rules, 1997 are valid or contrary to statutory provisions under Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981
  2. 2 Whether allotment of government bungalows to former Chief Ministers, trusts, societies is legal and constitutional
  3. 3 Whether prolonged occupation constitutes unauthorized use and violates Article 14

Ratio Decidendi

1997 Rules allowing former Chief Ministers to occupy government bungalows for life are executive instructions and not statutory rules, and are contrary to the statutory provisions of the 1981 Act, which allow occupancy for only 15 days after demitting office. Such Rules are bad in law and violative of Article 14, since no other constitutional dignitary receives such benefit. Government must recover rent for unauthorized occupation and reclaim premises allotted without statutory authority.

Court Disposition

Petition allowed

Orders

  • 1997 Rules permitting lifelong government bungalow allotment to ex-Chief Ministers declared invalid, so far as they are not in consonance with 1981 Act
  • Respondents to hand over possession of bungalows within two months