B K MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment, the above three petitions filed by Journalists, Cameramen, Correspondents, Editorial Consultants, Reporters and others who were allottes of Government accommodation under the Press Pool are being decided. The petitioners are aggrieved by the guidelines which came into force on 8th March, 2001 regarding allotment of accommodation to accredited journalists and press-cameramen. Petitioners assail notices dated 16th April, 2001 issued pursuant to the Guidelines requiring them to vacate the premises allotted to them by 15th October, 2001 i.e within a period of six months. Petitioners challenge the said guidelines on various grounds enumerated in the writ petitions and seek quashing of the notices and the proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. A mandamus is also sought for the allotment to the petitioners being continued in terms of the existing guidelines.

(2.) As regards interim orders in WP(C) 7026/2001, a statement was made by the counsel for the respondent that no final orders were to be passed while the eviction proceedings could go on. In WP(C)7491/2001, it was directed that in case any eviction order is passed, same would not be given effect to. In WP(C0 3446/2002, a similar statement was made by the respondent that petitioners would not be evicted pursuant to any eviction order. Matters had been adjourned from time to time at the instance of both the parties. In August, 2004, it was stated that the entire policy was under reconsideration by the Government. As this impasse continued till November, 2004, the matters were released from part heard by the Bench and it was transferred to a bench as per the roster. Subsequently in March, 2005, it was intimated that there is no review of the policy and the matters were reassigned to this bench. Arguments were again heard and judgment was reserved.

(3.) At the outset, it may be noticed that allotment to various petitioners in the writ petitions was on licence basis. In terms of the allotment letters, licence is terminable and the period for which allotment was made, has also expired. Pursuant to the new guidelines that came into force on 6th April, 2001, notices were issued to the petitioners giving them six months time to vacate the premises which has also expired. Either the eviction orders have not been passed where there was a stay of passing of final order or where orders were permitted to be passed, same have not been enforced as a result of the stay. This is the position across the spectrum in these cases.