Page No.# 1/6 GAHC030006982025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/186/2025 The State of Mizoram r/b the Chief Secy. to the Govt. of Mizoram and 8 Ors. Aizawl Mizoram. VERSUS In Re- Construction of Working Women Hostel at Vengthlang Champhai Mizoram and Anr. Mizoram. Advocate for the Petitioner : Addl. AG/GA Mizoram Advocate for the Respondent : Mr A.R. Malhotra Linked Case : PIL(Suo Moto)/2/2025 In Re- Construction of Working Women Hostel at Vengthlang Champhai Mizoram. VERSUS 1. The State of Mizoram r/b the Chief Secretary and 9 Ors Aizawl Mizoram. 2:The Secretary to the Govt. of Mizoram Public Works Dept. Aizawl. Page No.# 2/6 3:The Engineer in Chief Public Works Dept. Govt. of Mizoram Aizawl. 4:The Chief Engineer Building Public Works Dept. Aizawl. 5:The Chief Architect Office of the Engineer-in-Chief Public Works Dept. Aizawl. 6:The Superintending Engineer Other Department Circle Public Works Dept. Laipuitlang Aizawl Mizoram. 7:The Executive Engineer Project Division-III Public Works Dept. Aizawl. 8:The Deputy Commissioner Champhai District-Champhai. 9:The Superintendent of Police Champhai District-Champhai. 10:R.Z. Construction R/b Richard Vanlaltanpuia Kawn Veng-II Zemabawk Aizawl Mizoram. Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : Addl. AG/GA Mizoram for R1 - R9 Page No.# 3/6 B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 24.10.2025 M. Zothankhuma, J 1. Mr. B. Dev, learned Advocate General, Mizoram, appears for the applicants while Ms. Vanlalthlamuani, learned counsel appears on behalf of Mr. A.R. Malhotra, learned Standing Counsel, Gauhati High Court, Aizawl Bench. 2. This is an application submitted by the applicants i.e. State of Mizoram, comprising of respondent nos. 1 to 9 in the writ petition. Their prayer is for modification of the stay order dated 21.08.2025 passed in PIL(suo-moto) 2/2025. 3. The facts of the case is that the applicants had come up with a scheme for construction of a Working Women Hostel, which would not only replace the existing building/hall used as a Boxing Ring but also cover the entire passage leading to the judicial quarters, which is the only ingress and egress to the judicial quarters which had been utilized for the last 25 years. Though the District Judge had taken up the matter with the Deputy Commissioner, Champhai, requesting him to take necessary step to modify the construction plan, nothing had been done on the said request. 4. This Court thereafter passed the stay order dated 21/08/2025 directing stay of the construction work in Vengthlang, Champhai in respect of the Working Page No.# 4/6 Women Hostel including demolition of the Boxing Hall/Ring, until further orders. 5. The learned counsel for the applicants submits that unless the stay order is modified to enable the construction of the Working Women Hostel building, the funds that are ear-marked for the construction work from SASCI would lapse. 6. The learned counsel for the applicants submits that the passage way would be left open for discussion and that the applicants will not make any construction on the passage to the judicial quarters. However, in the meantime, the applicants should be allowed to construct the Women Hostel and allow them to dismantle the existing building housing the Boxing Hall/Ring. 7. Ms. Vanlalthlamuani appearing on behalf of Mr. A.R. Malhotra, learned Standing Counsel, Gauhati High Court, submits that the application can be allowed so long as the existing passage way, leading to the judicial quarters, are not encroached upon by the construction work to be made by the applicants. 8. We have heard the learned counsels for the parties. 9. The prayer of the applicants in the application are as follows :- “(a) The entire existing Boxing Hall building (RED line) shall be dismantled and the site be cleared for construction of new hostel building. (b) A barricade (GREEN line) shall be set up along the length of the proposed hostel building to ensure that the present driveway is not blocked and can continue to be used. Page No.# 5/6 (c) Portion of the hostel building that can be accommodated within the barricaded area will be constructed as per original design (Portion I). (d) Construction of the remaining portion of the hostel building outside the barricaded area (Portion 2) will be taken up only after discussion with the stakeholder during the construction of Portion 1 of the building.” 10. On considering the above prayer and the proposed construction of the working Women Hostel, which should not encroach upon the existing passage way leading to the judicial quarters, we modify the stay order dated 21/08/2025, by allowing the applicants to construct the Working Women Hostel at Champhai and allow demolition of the existing hall housing the Boxing Hall/Ring. However, the above will be subject to the condition that the construction work should not encroach upon the existing passage way leading to the judicial quarters. Further, no debris, construction material or equipment should be put on the existing passage way. There should also be some sort of screen/barrier between the construction area and the passage way put up, prior to dismantling the building and starting the construction work. 11. The applicants are accordingly allowed to proceed with the construction work in terms of the above directions. However, this order will be subject to the further orders of this Court that may be passed in the main petition. 12. IA is accordingly disposed of. JUDGE JUDGE Page No.# 6/6 Comparing Assistant