HP High Court slams 'opaque' govt housing allocation, calls it a lottery

The Himachal Pradesh High Court criticised the 'opaque' and 'lottery'-like system for allotting government housing. Hearing a plea, the court slammed the GAD's monopoly and suggested creating a permanent, seniority-based waiting list.

The High Court of Himachal Pradesh on Thursday expressed deep dissatisfaction with the current process for allocating government residential accommodations, describing the system as "opaque" and akin to a "lottery". The court had previously questioned the state government on why employees of the Himachal Pradesh Public Service Commission are forced to repeatedly approach the General Administration Department (GAD) for residential allotments.

"It is on account of this monopoly, which is there with the GAD Department and the opaque system of allotment of houses and government accommodation, which has created a situation that allotment of a government house to an Officer or Officials is regarded as nothing less than, a lottery." The observations were made by Justice Ajay Mohan Goel while hearing a civil writ petition filed by Amit Kumar Thakur against the State of Himachal Pradesh and another respondent regarding the allotment of a Type-III government accommodation.

State Government's Response

During the hearing, the State Government informed the court that the Himachal Pradesh Public Service Commission (HPPSC) does not have a separate pool of government residences. According to the government, employees of the commission are considered for accommodation under the Himachal Pradesh Allotment of Government Residences (General Pool) Rules, 1994, along with other eligible government employees.

The state further submitted that the number of available government residences is significantly lower than the number of eligible applicants and that allotments are made by the House Allotment Committee in accordance with the prescribed rules and criteria. It also maintained that allotment of government accommodation cannot be claimed as a matter of right.

Court Finds Response Unsatisfactory

However, the High Court found the response unsatisfactory and observed that it did not adequately address the larger concerns regarding the allotment process. "To say the least, the instructions do not reveal something which is not known to the Court," Justice Ajay Mohan Goel observed, while noting that the existing system lacked transparency and accountability.

High Court's Suggestions for Reform

In its observations, the High Court suggested that the present practice of requiring employees to submit fresh applications every year for government accommodation should be discontinued. Instead, it proposed maintaining a single, permanent waiting list of applicants, with seniority determined by the date of application. Employees who are allotted accommodation could then be removed from the list, while new applicants are added in chronological order.

The court further emphasised the need for earmarking at least some government accommodation for independent institutions such as the HPPSC, observing that such a mechanism would allow organisations to allot residences based on functional requirements and urgency.

The matter has been listed for further hearing on July 20, 2026. During the proceedings, the Additional Advocate General assured the court that the concerns raised by the bench would be placed before the competent authorities for consideration. (ANI)

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