(REOPENS DEL22)

The judgement came on a plea filed by a UP-based NGO LokPrahari, which had sought a direction against allotment ofgovernment bungalows to ex-CMs and other "non-eligible"organisations under the state rules. The NGO, comprising retired civil servants, journalistsand other UP residents, had alleged that despite the directionof the Allahabad High Court, the UP government had framed the1997 Rules which is not "statutory" and rather "executive" innature and meant to allot bungalows to ex-chief ministers. On the plea that the NGO has no locus standi on the issue,the court said it was formed by retired civil servants,journalists and other UP residents and they have no malafideintention in filing this petition and none of them has anypersonal grudge against any of the occupants of the governmentpremises or any of the former chief ministers. "So far as the first issue is concerned, in our opinion,the petitioner has locus standi to file the writ petition…. "In our opinion, when the petitioner society ischallenging the validity of the 1997 Rules, whereby governmentbungalows have been allotted to former chief ministers,especially when there is an acute shortage of governmentpremises, it cannot be said that the petitioner has no locusstandi to file the present petition," it said. The bench said if any allotment was not made in accordancewith a statutory provision at the relevant time, it must bediscontinued and must be treated as cancelled. It said the state shall take possession of such premisesas soon as possible and at the same time, the state shouldalso recover appropriate rent in respect of such premiseswhich had been allotted without any statutory provision. PTISMIRT