Sumangalam issue: Supreme Court stays sealing of premises

In what IAS officers describe as a "moral victory", the Supreme Court on Monday stayed the interim directions of the Gujarat High Court in connection to the infamous Sumangalam case where senior bureaucrats face charges of availing illegally allotted plots and putting them for unauthorised use subsequently. The division bench of Justice Khare and Justice Hegde of the Supreme Court ordered status quo as far as sealing the unoccupied premises and the commercial premises were concerned.

The division bench of Justice B.C. Patel and Justice R.R. Tripathi had earlier ordered the AUDA to seal the premises of the buildings on these plots where buildings were constructed. The High Court had also directed AUDA to seal the premises that had been put to commercial use by the bureaucrats after serving notice to the occupants.

The High Court had moved a suo moto writ on the basis of a letter written by Piyush Soni, alleging illegal allotment of land to senior IAS/IPS officers and its unauthorised use in Bodakdev area near Drive-in cinema in Ahmedabad. It was brought to the notices of the court that these officers had availed the land by forming a co-operative housing society limited but later on let out their plots for commercial use. Some of the bureaucrats had constructed buildings that were let out on rental basis. It was also brought to the notice of the court that there was a violation of Co-operative Society’s act by the officials in seeking the plots of land. The lease deed under which the plots were allotted was also breached since there was no provision, which allowed a subsequent transfer or sale of the property.

The Supreme Court has also directed the High Court to furnish the relevant documents on the basis of which the High Court had moved the suo moto petition. The counsels appearing on the behalf of the IAS officers had prayed for the documents from the court, but the latter had declined their prayer. However, the Supreme Court has directed the High Court to furnish the relevant documents to the affected parties.

It may be noted that Supreme Court has not stayed all the directions of the High Court passed in the interim order pronounced on November 16. The direction pertaining to "orders of sealing" have been stayed.

Additional solicitor general Kirit Rawal appeared for AUDA, Harish Salve, R.P. Bhatt, and P. Chidambaram also appeared for the parties.

Further hearing of the matter in the High Court is on December 6, where all concerned bureaucrats have been directed to be present through a lawyer in person. The directions of Supreme Court will have a bearing on the future course of hearing.

The Supreme Court order may come as a temporary respite to the occupants of the premises in the Sumangalam cooperative housing society. There are banks, safe deposit vaults, showrooms, offices, restaurant, computer classes and other commercial premises. The AUDA had served them a month’s notice on November 3 to vacate the premise since it did not adhere to the zoning regulations. The notice period expired on December 3 and as per the High Court order the premises were supposed-to be sealed, however the interim stay by the Supreme Court might give them an interim respite too. An lAS officer said the Supreme Court verdict was a moral victory for all officers.

Republished from Asian Age