HC protects Payal Abdullah from eviction till July 28

| | New Delhi
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HC protects Payal Abdullah from eviction till July 28

Wednesday, 13 July 2016 | Ankita Upadhyay | New Delhi

HC protects Payal Abdullah  from eviction till July 28

The Delhi High Court on Tuesday stayed eviction of Omar Abdullah’s estranged wife Payal Abdullah from Akbar Road bungalow after a writ petition was filed by her challenging a notice by Jammu & Kashmir Government to vacate the residence.

Justice Inderjit Kaur passed the order allowing her to live in the bungalow till July 28. The court also issued a show-cause notice to the Central Government and the Jammu & Kashmir Government seeking response from them on the issue. “No-coercive steps will be taken till July 28”, said the court in its order.

The court asked the Ministries of Urban Development and Home Affairs to reply that if they are found to be entitled to an alternate Government accommodation then the Centre be directed not to evict them till a suitable residence is allotted to them and it is cleared and equipped by the security personnel.

The Estate officer, Resident Commission, Government of Jammu & Kashmir was asked by the court to respond to the plea that petitioners should not be evicted or a suitable alternate accommodation be allotted to them where they can be effectively protected.

Payal Abdullah has been staying at 7 Akbar Road bungalow, along with her two sons, Zahir and Zamid, since 1999. It was provided to them while Omar Abdullah was the CM of J&K. She was served an eviction notice in June by the State Government which was also notified to Omar who replied by saying that the authorities are free to take any action as he is no more the CM and does not live there.

In the petition, through senior lawyer Amit Khemka, she has said that they are in Z plus security and their lives are in constant danger because of the fact that they are the wife and sons of the former Jammu &Kashmir Chief Minister; daughter-in-law and grandsons of Farooq Abdullah, granddaughter-in-law & great grandsons of Sheikh Abdullah, who have been subjected to life threats and attacks from various terrorist groups and separatists.

Khemka submitted that that the security provided to Payal and her children is not possible in a smaller accommodation. “It will not be possible for the Government to provide 94 security personnel to them in a 2,300 sq ft flat which she owns in south Delhi.

She referred Priyanka Gandhi and Subramanian Swamy who have been provided Government accommodations on security grounds. On this, ASG Sanjay Jain rebutted that Gandhi is an SPG protected person and she is not at parity with Priyanka Gandhi.

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