HC for a strict cap on flats for judges

Wants norms for public servants

In a significant ruling, the Bombay High Court on Monday said no public servant, including judges, are entitled to more than one house in Maharashtra, under any government scheme.

In case any public servant seeks a better house then s/he should first surrender the previously allotted flat to government, and then apply for a new one.

A division bench led by Justice Bhushan Gavai also maintained that it is not possible for HC judges to purchase a flat in a city like Mumbai. “It is not possible for judges of this court who have sacrificed their practice and answered the call to serve the nation and society by becoming a judge, to purchase a flat from the open market in a city like Mumbai."

The ruling was delivered in response to a Public Interest Litigation (PIL) filed by journalist-turned-activist Ketan Tirodkar. He had petitioned the bench challenging the government decision of constructing a residential building for sitting HC judges in suburban Oshiwara. He accused the HC judges of misusing their office as some of the judges, who have been allotted a flat in the said building, already have separate flats under different government schemes. Tirodkar, accused the government of using a ‘pick-and-choose’ method for allotting houses in the building, which will have at least 63 flats.

Having heard his contentions, Justice Gavai said, “We find nothing wrong if the government floats a scheme for special category for such persons (judges). We, however, have no hesitation in observing that if a person gets the advantage of allotment of flats from the government at a concessional rate on more than one occasion, it would amount to using the office for unlawful and unjust enrichment.” “We the judges hold an important constitutional office and, as such, we are expected to be people of the highest moral standards. Thus, even though the judiciary is not answerable to anyone, at least judges are accountable to their own conscience,” Justice Gavai observed in his important order. The bench, accordingly directed the Registrar General of the HC to consult all the HC judges, as per their seniority, if they want an allotment in the building in question.

“The list of judges desiring to opt for an allotment must be handed over to the government. We further direct the government to come up with a policy to regulate such allotments. The policy must ensure that no public servant gets more than one flat/house under any government scheme in the state,” Justice Gavai said.