No need of amending Section 441 : Centre to SC

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New Delhi, Nov 24: The Centre has told the Supreme Court that there was no need for amending Section 441 of Indian Penal Code to make illegal occupancy of government accommodation a non-bailable offence.

Provisions under Public Premises Act were sufficient to take care of the problem, an affidavit filed by the Union Urban Development Ministry before the apex court said.

A bench headed by Justice B N Agarwal had earlier directed the Union government to make its stand clear on the issue of making offence under Section 441 IPC non-bailable and arrest the illegal occupants of government accommodation.

The apex court has been repeatedly pulling up the Central and the State government for not taking effective steps for evicting the those occupying official residential premises illegaly and charge penal rent from unauthorised occupants.

The government is, however, of the view that the problem is not so serious as out of about one lakh government accommodations only about 300 quarters are under illegal occupation and some of them could not be evicted because of stay order passed by the court.

The apex court has already made it clear that such incidents should be brought to its notice for appropriate directions and has even given a free hand to the government to suspend and dismiss unauthoriesd occupants from service.


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