Former CMs can’t occupy public property for life, rules Supreme Court

NEW DELHI: Government property such as official bungalows cannot be handed out to private persons such as former chief ministers at a low cost, the Supreme Court ruled on Monday, as it set aside a state government order that allowed them to stay on until their death. The top court asked such people to vacate government residences within two months.

Former CMs cannot stay on beyond 15 days of the end of their official tenure in office, a bench, comprising Justices Anil R Dave, NV Ramana and R Banumathi, observed, while setting aside the state executive order. It came on a public interest litigation filed by NGO Lok Prahari. According to the government order, former CMs will be provided with government bungalows for life at nominal rates. The NGO argued that as per a top court ruling, except constitutional dignitaries such as the President, Vice President and the Prime Minister, no one should be accommodated in government premises after they leave office.

The state government defended its action on the grounds of security, but the court set it aside and asked the state to recover appropriate rent in cases of unauthorised stay. “… public property cannot be disposed of in favour of any one without adequate consideration,” the bench said. “Allotment of government property to someone without adequate market rent, in absence of any special statutory provision, would also be bad in law because the state has no right to fritter away government property…,” it said.

“If allotment was not made in accordance with a statutory provision … it must be discontinued and … treated as cancelled and state shall take possession of such premises as soon as possible…,” the court said.