Page No.# 1/5 GAHC040009962023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/345/2023 Yami Gongo Tok W/o Shri Tagyo Tok, C/o Executive Engineer, PWD, Itanagar, R/o G Sector, Naharlagun, Capital Complex, AP, Cont 8729956918 VERSUS THE STATE OF AP and 4 Ors. Represented by the Secretary (Land Management), Govt. of Arunachal Pradesh, Itanagar. 2:the Director Age: 0 Occupation : Housing Department Govt. of Arunachal Pradesh. 3:the Deputy Commissioner Age: 0 Occupation : Capital Complex Itanagar AP 4:the Extra Assistant Commissioner cum Estate Officer Age: 0 Occupation : Naharlagun Capital Complex AP 5:Otel Pertin Age: 0 Page No.# 2/5 Occupation : PRT C/o Head Master Govt. Middle School Barapani Naharlagun A Advocate for the Petitioner : L Kurdu, Advocate for the Respondent : GA (AP), M Nibo,Elina Perme BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 23.10.2025 Heard Mr. L. Kurdu, learned counsel for the petitioner. Also heard Ms. T. Wangmo, learned State Counsel for respondent Nos. 1 to 4. None appears for respondent No. 5 despite service of notice. 2. Considering the short issue involved in this writ petition, and as agreed to by the learned counsel for the parties, same is heard and disposed at the admission stage. 3. The petitioner has filed this writ petition praying for a direction to the respondent authorities to act in accordance with the mandate of law provided under Arunachal Pradesh Public Premises (eviction of unauthorized occupant) Act, 2003, thereby evicting the respondent No. 5 from the illegal construction carried out behind the Government Residential Quarter No. 456/T-I located at G-Sector, Naharlagun. 4. The petitioner is working as work charge peon in the Department of PWD, Naharlagun Division and she has been allotted the Government Residential Page No.# 3/5 Quarter No. 456/T-I located at G-Sector, Naharlagun. The respondent No. 5 who is the daughter of the previous occupant of the said quarter has illegally constructed the building just behind the back of the said quarter, thereby damaging the safety tank as well as blocking the drainage system of the said quarter. The petitioner filed a complaint before the Deputy Commissioner, Capital Complex on 01.05.2023, having found that the respondent No. 5 has refused to vacate the said quarter despite the valid allotment having been issued in favour of the petitioner. On such complaint, the Deputy Commissioner by an order dated 02.05.2023 directed the Extra Assistant Commissioner-cum- Estate Officer, Naharlagun to examine the matter and take necessary action under Arunachal Pradesh Public Premises (eviction of unauthorized occupant) Act, 2003. 5. The Extra Assistant Commissioner-cum-Estate Officer in his turn has directed the respondent No. 5 to vacate the said quarter and stop further construction of any structure near the government quarter. Thereafter only, the respondent No. 5 has vacated the quarter, however, she continued her illegal construction behind the said quarter. 6. Mr. L. Kurdu, learned counsel for the petitioner submits that although the respondent authority has issued notice to the respondent No. 5 not to construct any structure behind the said quarter allotted to the petitioner, the respondent No. 5 continued to illegally construct the same, thereby damaging the safety tank as well as blocking the drainage system of the said quarter which has created hardship to the petitioner. The in-action of the respondent has caused hardship and even after lapse of 2(two) years no appropriate action has been initiated against the respondent No. 5, who continue to indulge in illegal activities over the government property. Therefore, he submits that an Page No.# 4/5 appropriate order may be passed directing the respondent authority to initiate appropriate action in accordance with law. 7. Ms. T. Wangmo, learned State Counsel while referring to the order passed by the respondent authorities submits that the respondent No. 5 has been initially directed to vacate the quarter to which the respondent No. 5 has abided by and allowed the petitioner to occupy the quarter in question. The authorities have also directed the petitioner not to construct any illegal structure behind the said quarter and directed to remove. However, she has no instruction as to what extent the authorities have ultimately initiated any action to remove the structure illegally constructed by the respondent No. 5. She further refers to order dated 04.07.2023, whereby the Deputy Commissioner has also directed EAC-cum-Estate Officer again to take immediate steps against the unauthorized occupation of government quarter and to submit action taken report. 8. Considered the submissions of the learned counsel for the parties. 9. Admittedly the petitioner has been allotted the Government Residential Quarter No. 456/T-I located at G-Sector, Naharlagun, and by now she is in occupation of the said quarter. It is also admitted position that the respondent No. 5 has constructed a building behind the said government residential quarter allotted to the petitioner. 10. Various orders of the respondent authorities reveal that the respondent No. 5 has been directed not to construct any illegal structure behind the said quarter. The last order being dated 04.07.2023, passed by the Deputy Commissioner, Capital Complex, Itanagar, whereby, the Deputy Commissioner while stating that no any action has been taken by the Extra Assistant Commissioner-cum-Estate Officer, Naharlagun, the said EAC-cum-Estate Officer Page No.# 5/5 was directed to take immediate steps. Thereafter, there is nothing on record to show that whether the issue of illegal construction by the respondent No. 5 has been brought to logical conclusion or not. 11. Having considered above, I am of the considered view that the respondent authorities are obligated to initiate appropriate action against the illegal and unauthorized construction of the building/structure on the government land and in the present case, the issue of illegal construction undertaken by the respondent No. 5 near the government residential quarter appears to have been not brought to its logical conclusion. Thus, it would be appropriate to dispose of this writ petition with a direction to the respondent authorities to initiate appropriate action against the respondent No. 5, if any illegal construction is undertaken on the government land and near the government residential quarter. 12. Accordingly, it is directed that the respondent authorities shall initiate appropriate actions against the respondent No. 5, for illegal construction of structure/building over the government land and behind the said Government Residential Quarter No. 456/T-I located at G-Sector, Naharlagun and to bring the issue to its logical conclusion in accordance with law. 13. With the above direction, this writ petition stands disposed of. JUDGE Comparing Assistant