MEDI RAM DODUM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This is one of those very few cases in which a former constitutional functionary has approached this Court by way of application made under Article 226 of the Constitution of India seeking appropriate relief(s) against the alleged act(s) of omission committed by the Government, when the petitioner himself was a cabinet minister in the State Cabinet.

(2.) In a narrow compass, petitioner's case may be put thus : The petitioner was, during the year 1995, Minister of Horticulture in the Government of Arunachal Pradesh. Though as a Cabinet Minister, the petitioner was entitled to free-furnished Government accommodation befitting his position and status, yet despite repeated requests made by him in his regard, the petitioner was not provided with such accommodation on the ground of non-availability of proper government accommodation. The petitioner had to, therefore, start residing in a Type II government quarter in Sector-D, at Itanagar, which stood allotted to the wife of the petitioner as a member of the staff of the State Government. The petitioner wrote a letter to the then Chief Minister of Arunachal Pradesh, on 1-8-1995, bringing to his notice that these state of affairs and requesting him either to provide the petitioner with proper residential Government accommodation or to allot a suitable plot of land to the petitioner for construction of a suitable house. As no effective action was taken on this representation, the petitioner, left with no other choice, made, at his own cost, some additions and alterations to the said type-II government quarter renovating the same to make the same reasonably fit for his accommodation as a Cabinet Minister. For complete three years, the petitioner, as a minister, had to remain residing in the said quarter. The total expenditure involved in renovating the said quarter and for making some essential alterations thereto was Rs.10,08,000/- as assessed vide letter, dated 4-1-1999 (Annexure-D to the writ petition) issued by the Committee constituted by the Secretary to the Government of Arunachal Pradesh, Rural Development Department, vide his order, dated 8-1-1999 (Annexure-C to the writ petition). However, the Government did not make payment of the said assessed value of Rs.10,08,000/- to the petitioner and the same state of affairs has continued. Having been left with no alternative, the petitioner has, with a view to recovering his lawful dues, approached this Court with prayer, inter alia, to issue appropriate writ or writs on the respondents directing them to make payment of the amount of Rs.10,08,000/-, which is claimed to have been spent by the petitioner on the said quarter in renovating the same.

(3.) I have carefully perused the materials on record. I have heard Mr. T. Son, learned counsel for the petitioner, and Mr. R. H. Nabam, learned Addl. Senior Govt. Advocate, who has appeared on behalf of the State respondents.