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Supreme Court of India 2021-08-05 allowed

UNION OF INDIA & ANR vs ONKAR NATH DHAR

Bench: 2 — Hemant Gupta, A.S. Bopanna

In Brief

A retired Intelligence Bureau officer, a Kashmiri migrant displaced by terrorism, sought to retain government accommodation in Faridabad after retirement. The High Court had allowed his petition, holding that due to the security situation in Kashmir, eviction should be stayed and alternative accommodation provided on nominal license fee. The Supreme Court reversed this, holding that government accommodation is exclusively for serving officers. Although the right to shelter is fundamental, it does not include government accommodation. The Court distinguished compassion-based orders from legal entitlement, directing the retiree to vacate within 15 years of retirement, with recourse to transit accommodation schemes or cash compensation instead.

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