Court Rejects Intervention Seeking Cancellation of Allotment, Directs Chandigarh Administration to Expedite Repairs of Government Housing for High Court Employees
In a significant ruling dated October 6, 2026, the Punjab and Haryana High Court dismissed an application seeking to cancel the continued occupation of Government House No. 3/33, Sector-5, Chandigarh, by family members of the late Chief Minister Beant Singh. The application was part of a Public Interest Litigation (PIL) in which the court was moving on its own motion, with Kulwant Singh seeking to intervene and enforce the earlier cancellation of the government accommodation allotment.
The court carefully considered the submissions and affidavits filed by the Chandigarh Administration, which highlighted grave security concerns for the family members of the late Beant Singh. The affidavit detailed that following the assassination of Beant Singh, his family remained vulnerable to threats from extremist groups such as the Babbar Khalsa International and other Khalistani radical outfits. The House Allotment Committee and the Joint Security Committee had reviewed intelligence inputs, recent terror incidents, and operational vulnerabilities that would arise from relocating the family from the premises. Based on this security assessment, the Chandigarh Administration consciously decided to permit the continued occupation of the government accommodation.
Rejecting the intervention application, the bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor emphasized that the general directions of the Supreme Court regarding the non-retention of government accommodation after retirement could not be mechanically applied in this unique context. The court recognized the exceptional security threats faced by the protectees and held that this case was distinguishable from the precedent set by the apex court. Consequently, the application challenging the continued occupancy was found to lack merit.
Further, the court issued strong directives to the Chandigarh Administration concerning the maintenance and repair of government houses allotted to High Court employees. The Chief Engineer of the U.T. Administration was called upon to file a personal affidavit explaining the delay in carrying out requisite repairs. The court mandated that all necessary repairs be prioritized and completed promptly, with compliance reported back to the court.
This judgment underscores the balancing act courts must perform between enforcing general legal principles and accommodating exceptional circumstances such as security threats to protectees. It also highlights the judiciary's insistence on proper upkeep of government properties provided to judicial officers, ensuring dignified living conditions for High Court employees.
The matter has been adjourned to November 26, 2026, for further compliance updates.
Bottom Line:
Government accommodation - Application for intervention seeking cancellation of continued occupation of Government house by family member of former Chief Minister rejected - Where Chandigarh Administration, on basis of threat perception, intelligence inputs and security assessment, consciously decided to permit continued occupation, such case held distinguishable from Supreme Court directions against unauthorized retention of government accommodation - Court also sought personal affidavit from Chief Engineer regarding non-repair of government houses allotted to High Court employees.
Statutory provision(s):
- Supreme Court directions on government accommodation retention after retirement (Writ Petition (Civil) No. 864 of 2016)
- House Allotment Committee and Joint Security Committee procedural guidelines (administrative orders)
