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2025 DAILYLAW 4097 (GAU)

Sangha Tanang v. The State of AP and 7 Ors

PIL/3/2025 · 2025-01-28

Kalyan Rai Surana, Mridul Kumar Kalita

Public Interest Litigationbody2025

Judgment text

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Page No.# 1/4 GAHC040001412025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL/3/2025 Sangha Tanang Son of Late Sangha Tasuk, Village Mangio, PO Parsi Parlo, PO Koloriang, Kurung Kumey District, Arunachal Pradesh. VERSUS The State of AP and 7 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Secretary Age: 0 Occupation : Rural Development Govt of Arunachal Pradesh Itanagar. 3:The Secretary Age: 0 Occupation : Rural Development Govt of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Koloriang Kurung Kumey District Page No.# 2/4 Arunachal Pradesh. 5:The Director Age: 0 Occupation : Rural Development Department Govt of Arunachal Pradesh Itanagar. 6:The Joint Director Age: 0 Occupation : Rural Development Department Govt of Arunachal Pradesh Itanagar. 7:The Project Director Age: 0 Occupation : Rural Development Department Koloriang Kurung Kumey District Arunachal Pradesh. 8:The Block Development Officer Age: 0 Occupation : CD Block Parsi Parlo Kurung Kumey District Arunachal Pradesh Advocate for the Petitioner : Michi Nibo, Advocate for the Respondent : GA (AP), SC (RD),Binter Picha Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29-01-2025 (K.R. Surana. J.) Heard Mr. M. Nibo, learned counsel for the petitioner. Also heard Ms. P. Pangu, learned Government Advocate appearing for the respondents no. 1, 3 & 4 and Mr. B. Picha, learned standing counsel for the Rural Development Department representing respondents no. 2, 5, 6, 7 & 8. 2. It is projected in this PIL that a fund amounting to Rs. 11,82,00,000/- (Rupees Eleven Crore Eighty-Two Lakh only) was sanctioned on 25.06.2024 for construction of 12 (twelve) community halls under CD Block, Parsi Parlo in Kurung Kumey District at a cost of Rs. 98,50,000/- (Rupees Ninety Eight Lakh Fifty thousand only) per unit. It is projected that the construction was not Geotagged and carried out allegedly without any land availability certificate, non-duplicity certificate and non-incumbrance certificate. It is also alleged that the community halls were constructed far away from the original site. It is also specifically pleaded in Paragraph-10 of this PIL that pursuant to a representation, dated 14.01.2025, submitted before the Secretary, Rural Development Department and before the Secretary, Planning, Finance and Investment Department. However, it is alleged that the Deputy Commissioner, Koloriang, Kurung Kumey District has not initiated any recourse to provide report which was sought for by the authorities. 3. Under the circumstances when a representation was submitted for the first time only on 14.01.2025, the Court is of the considered opinion that this PIL Page No.# 4/4 filed on 28.01.2025 would be premature. 4. The Court inclined to closed this PIL so that the authorities can examine the matter at their own at the earliest. However, if the petitioner is aggrieved even after a month, the petitioner would have liberty to approach the Court again. 5. Accordingly, this PIL stands closed on account of being premature. JUDGE JUDGE Comparing Assistant