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2015 Supreme(Gau) 1111

M.R.PATHAK
Bualchhuak Darchhinga – Appellant
Versus
State of Mizoram and Ors. – Respondent


Advocates:
For the Petitioner: Mr. S.S. Dey, Mr. B. Lalramenga and Mr. Roshan Subedi.
For the Respondents: Mr. A.K. Rokhum.

Heard Mr. B. Lalramenga, learned counsel for the petitioner and Mr. A. K. Rokhum, learned Additional Advocate General for the State Respondent Nos. 1, 2 & 3.

2. The Respondent No.3, the District Magistrate & Chairman of District Disaster Management Authority, Aizawl District, Aizawl, in the interest of public safety, issued an order under Section 133 (d) of the Criminal Procedure Code, 1973 and under Section 34 (K) of the National Disaster Management Act, 2005 vide No. C.16011/90/2012-DC (A) dated 27.06.2013 directing the petitioner to vacate his building, situated at above the Temple to Vaivakawn Road, Dawrpui West, Aizawl, within 1 (one) month from the date of issue of the order and also to complete the execution of dismantling the said building within a period of 4 (four) months from the date of issuance of the same, so as to prevent disaster and any untoward incident in future.

3. Hence this petition by the petitioner for quashing and setting aside the said order dated 27.06.2013 as well as for quashing and setting aside all other consequential actions contemplated thereunder.

4. The court on 31.07.2013, at the motion stage of this case, suspended the said impugned order dated 2








































































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