Gujarat High Court says ex-IPS officer must pay rent for ‘unauthorised stay’ in government apartment

Dismisses two petitions filed by former IPS officer Satish Verma a member of SIT which probed Ishrat Jahan encounter case.

gujarat high court,The Gujarat High Court also made it clear that technical objections could not be invoked to defeat recovery of legitimate government dues. (Express file photo)

The Gujarat High Court on Thursday dismissed two petitions filed by former IPS officer Satish Chandra Verma in his long running dispute over a government apartment in Ahmedabad, holding that he continued to occupy the accommodation after he was no longer entitled to retain it and he cannot avoid paying market rate rent for the period of unauthorised occupation.

Justice Nirzar Desai rejected Verma’s challenge to the State’s demand for market rent, observing that the government accommodation had been allotted to him solely because of his position as an Indian Police Service (IPS) officer. Once his entitlement to retain the premises came to an end, he cannot insist on a separate notice before the authorities levied market rate rent applicable to unauthorised occupation, the court said.

The court also made it clear that technical objections could not be invoked to defeat recovery of legitimate government dues.

Government accommodation, it observed, in effect is meant for serving officers who are legally entitled to occupy it and cannot be retained indefinitely through repeated rounds of litigation after the authorised period expires.

Verma, a 1986 batch Gujarat cadre IPS officer, was allotted a flat at New Samarpan Tower in Ahmedabad’s Gulbai Tekra locality in 2012 while serving as Joint Commissioner of Police, Traffic. He was subsequently transferred and later proceeded on Central deputation. He claimed that he was entitled to continue occupying the flat on account of his daughter’s education and his posting in the North East.

Verma’s counsel advocate Rahul Sharma submitted that although Verma vacated the apartment in January 2018, the dispute over payment of market rent for the period of unauthorised occupation continued. The State Government, however, maintained that the permissible period of retention ended in May 2014 and that Verma thereafter became liable to pay market rate rent for unauthorised occupation.

Appearing for the State, Government Pleader G H Virk argued that Verma had overstayed in the government accommodation without paying the applicable market rent and had repeatedly approached different courts and tribunals in an attempt to delay recovery proceedings.

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Verma came to national prominence for his role in the investigation of the Ishrat Jahan encounter case. His service career was also marked by prolonged legal disputes and controversies. In August 2022, shortly before his retirement, the Union Government dismissed him from service. His subsequent challenge to the dismissal was unsuccessful.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

 

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