NDLI: Union of India & Anr Vs. Onkar Nath Dhar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Art. 21 – Right to claim government accommodation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India: Art. 21 – Right to claim government accommodation, if falls under the right to shelter – Held: Right to shelter does not mean right to government accommodation – Government accommodation is meant for serving officers and officials and not to the retirees who have demitted office, as a benevolence and distribution of largesse – No exception for persons who held constitutional posts – Allowing the displaced persons to retain the Government accommodation already allotted or to allot an alternative accommodation that too with a nominal licence fee defeats the very purpose of the Government accommodation which is meant for serving officers – On facts, the High Court allowed the government officer-Kashmiri migrant, to retain government accommodation after retirement, on basis of compassion showed to displaced persons on account of terrorist activities in the State, relying on J L Koul case – Orders passed by the High Court wholly arbitrary and irrational, in the absence of any policy of allotment of government accommodation to a retired government servant, who may be victim of terrorism - Order passed by the High Court set aside – Government officer granted time to hand over vacant physical possession of the premises, after 15 years of his attaining the age of superannuation – Public Premises (Eviction of Unauthorised Occupant) Act, 1971.Art. 142 – Applicability of the case of J.L. Koul v. State of Jammu & Kashmir – Direction in J.L. Koul’s case, that accepting the rehabilitation scheme finalized by the State Government, retired government employees allowed to stay in the government accommodation even after retirement for safety reasons, in terms of Art. 142 – Held: Direction given on special facts, in exercise of jurisdiction under Art. 142 not a binding precedent – J L Koul’ casewas based on special facts and direction was in terms of Art. 142 – Thus, the orders passed by the High Court relying on JL Koul’s case without any basis and, JL Koul’s case is inapplicable.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2021 INSC 382
Petitioner	Union Of India & Anr
Respondent	Onkar Nath Dhar
SCR	[2021] 8 S.C.R. 194
Judgement Date	2021-08-05
Case Number	6619

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Union of India & Anr Vs. Onkar Nath Dhar

Please Log-in to view this content

Union of India & Anr Vs. Omkar Nath Dhar (d) Through L.rs.

Onkar Nath Mishra & Ors. Vs. State (nct of Delhi) & Anr.

Suk Das & Anr. Vs. Union Territory of Arunachal Pradesh

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

State of Haryana Vs. Vidhya Dhar

Surendra Nath Bibra Vs. Stephen Court Ltd.

Union of India and Anr. Vs. Kaushalaya Devi

Onkar Nath & Ors. Vs. The Delhi Administration

Pankaj Bhargava and Anr. Vs. Mohinder Nath and Anr.

Union of India & Anr Vs. Onkar Nath Dhar

Union of India & Anr Vs. Onkar Nath Dhar

Please Log-in to view this content

Similar Documents

Union of India & Anr Vs. Omkar Nath Dhar (d) Through L.rs.

Onkar Nath Mishra & Ors. Vs. State (nct of Delhi) & Anr.

Suk Das & Anr. Vs. Union Territory of Arunachal Pradesh

Union of India & Anr. Vs. Wing Commander R.r. Hingorani (retd.)

State of Haryana Vs. Vidhya Dhar

Surendra Nath Bibra Vs. Stephen Court Ltd.

Union of India and Anr. Vs. Kaushalaya Devi

Onkar Nath & Ors. Vs. The Delhi Administration

Pankaj Bhargava and Anr. Vs. Mohinder Nath and Anr.

Union of India & Anr Vs. Onkar Nath Dhar