Petitioners, government employees, challenged vacating an old government quarter allotment to construct modern flats. The court held no vested right exists and dismissed the writ, ordering vacancy within one month.
The petitioners directed to vacate their quarters within one month from the date of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040005832023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C)/212/2023
Torik Karga and 20 Ors. W/o R. C. Tassar, R/o A Sector, Itanagar, PO/PS Itanagar, Papumpare District, AP 2: Byabang Palik Age: Occupation :
3: Dado Tana Age: Occupation :
4: Pejjum Potom Age: Occupation :
5: Tatu Riba Age: Occupation :
6: Toko Meka Age: Occupation :
7: Nyapa Lomi Age: Occupation :
8: Keni Riba
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Age: Occupation :
9: Tamat Komut Age: Occupation :
10: Hage Sunku Age: Occupation :
11: Murtem Yayi Age: Occupation :
12: Yapang Nitik Age: Occupation :
13: Purpa Tamang Age: Occupation :
14: Gouri Purkayastha Age: Occupation :
15: Yamang Tamant Age: Occupation :
16: Khyoda Ayum Age: Occupation :
17: Nyari Tajo Age: Occupation :
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18: Tadar Yabin Age: Occupation :
19: Marpen Nalo Age: Occupation : 20: Rekha Thrizu Age: Occupation : 21: Yukar Kiochik Age: Occupation VERSUS
THE STATE OF AP and Anr. Represented by the Secretary (Housing), Govt. of Arunachal Pradesh, Itanagar. 2:The Director (Housing) Age: 0 Occupation
Advocate for the Petitioner : Dugmar Kamduk
Advocate for the Respondent : GA (AP)
BEFORE
HONBLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
07.11.2023
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25.04.2023 issued by the Director (Housing of Government of Arunachal Pradesh) for vacating the quarters they are in possession. Such order was issued on the ground that the Government is proposing to construct Multi-storied residential buildings in place of the existing Govt. Quarters at A-Sector, Itanagar allotted to the petitioners and the petitioners shall be shifted to another place/building which has been specially built for urban poor people.
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petitioners are government employees and it cannot be said that each and every employee under the State are having a vested and concluded right to have quarters/accommodation given by their employer inasmuch as the employees are given HRA in lieu of accommodation.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether government employees have a vested and concluded right to continue occupying government quarters slated for redevelopment.
Whether the vacation order issued by the Director (Housing) was without infringing any statutory or common law rights of the petitioners.
Whether the petitioners are eligible for an extension to vacate their quarters.
Torik Karga and 20 Ors.
The State of AP
Secretary (Housing), Govt. of Arunachal Pradesh
Director (Housing)
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
