Court rejects IAF order asking its officer to vacate flat

The court set aside the order saying the same was bad in law and Wing Commander B S Nayyar was in authorised and legal possession of the accommodation allocated to him.

"Since the appellant (Wing Commander Nayyar) was already in the occupation of the non status accommodation at Palam here, his possession in the said accommodation is deemed authorised possession," District Judge I S Mehta said terming the IAF Estate officer's order as "bad in law."

The court order came on a petition by Wing Commander Nayyar challenging the Air Force authorities order asking him to vacate the accommodation which had been allocated to him in 2004 here in Palam when he was posted in Delhi from where he had been transferred to Guwahati, an operational area, in 2007.

Arguing that he was in authorised possession of the accommodation in Palam Air Force station, Wing Commander Nayyar pointed out to the court that as per the rules his family was entitled to retain the Delhi accommodation as it was his last duty station.

The officer also brought to the court's notice IAF's various official letters to him allowing him to retain his accommodation in Palam as his administrative support unit at Guwahati was not in a position to provide him the same at that time.

Later, around May 2009 and then again in October the same year, the officer was offered alternative residences in Palam but he refused to accept them as they were allegedly not fit for living and needed repairing.

In November 2009, the officer was granted study leave for two years till November 29, 2011, with due approval from the Chief of the Air Staff. The communication, intimating him of the study leave for post-doctoral research work, asked him to report to the IAF's Centre for Joint Warfare Studies and informed him that he is deemed to be posted to the IAF's Personnel Holding Section.

Soon after the grant of study leave to him, he on January 29, 2010, received a communication from relevant IAF authorities and its Estate Officer, asking him to vacate the Delhi accommodation by February 15 or pay market rent for it.

IAF authorities told the court that Nayyar became unauthorised occupant before going on study leave and he was also offered higher accommodation but refused to take the same. But the court rejected IAF's contention.