STATE OF ARUNACHAL PRADESH Vs. PHASSANG YACHANG

JUDGEMENT

(1.) Heard Mr. S. Tapin, learned Senior Government Advocate for the appellants and Mr. D. Kamduk, learned counsel for the respondents.

(2.) This intra-Court Appeal has been preferred by the State of Arunachal Pradesh represented by the Chief Secretary, Government of Arunachal Pradesh against the order dtd. 29/7/2022 passed by the learned Single Judge in WP(C)/254/2022.

(3.) The facts leading to the filing of the present appeal is that the respondents/ petitioners (17 in numbers) who are Government Employees have been allotted Government quarters at Papu Hill, Naharlagun and they have been staying in their respective quarters with their family. In the meantime, the State Government in the Department of Housing has issued an order dtd. 30/6/2022, wherein the PWD, Naharlagun Division had proposed to construct multi-storeyed flats in place of the old quarters at Papu Hill, Naharlagun. In order to pave way for the said proposed construction, an alternate accommodation has been provided to the respondents/petitioners, whose quarters are proposed for demolition for reconstruction. The respondents/ petitioners being the occupants of the government quarters which are sought to be demolished and on proposal of alternate accommodation, visited the building allotted to them, but found out that the same was in a highly dilapidated condition and not fit for human dwelling. On 22/7/2022, the Executive Engineer, PWD, Naharlagun Division issued a notice stating that in order to clear the site for construction of multi-storeyed residential building in place of the out-lived quarters at Papu Hill, Naharlagun, the alternate accommodation are being provided to the occupants whose quarters are proposed for demolition and requested the respondents/petitioners to shift/ vacate the quarters under occupation, by submission of vacation report within 15 days. On receipt of such notice, the respondents/ petitioners submitted a representation before the Executive Engineer, PWD, Naharlagun Division. Vide another notice dtd. 26/7/2022, the Executive Engineer, PWD, Naharlagun Division in continuation to the notice dtd. 22/7/2022, stating that the semi permanent type quarters occupied by the respondents/petitioners are at risk and danger, and alternate accommodation has been provided to the occupants whose quarters are proposed for demolition and were requested to shift/vacate the quarter by submitting vacation report within 15 days.