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NANI TAGIA
Yapi Ligu @ Api Ligu W/o Shri Nabam Tama – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
NANI TAGIA, J.
1. Heard Mr. A. Saring, learned counsel for the petitioner. Also, heard Mr. P. Taffo, learned Standing counsel for the Urban Development and Housing Department, representing the respondent nos. 2 and 3 and Mr. H.R. Obing, learned counsel for the respondent no. 4.
2. By means of this writ petition, filed under Article 226 of the Constitution of India, the petitioner has put to challenge the order dated 24.02.2020, issued by the Director Housing, vide Memo No. DOH/Accom-04/2012-13 (Vol-II) 8505-10, whereby, the Government quarter No. 22/T-I, located at Niti Vihar, Itanagar, which was allotted to the petitioner has been cancelled. Also put to challenge is the allotment order dated 01.06.2020, issued by the Secretary (Housing), Government of Arunachal Pradesh, Itanagar, vide Memo No. DOH/Accom-05/2012-13 (Vol-II) 8820-26, whereby, the Government quarter No. 22/T-I, located at Niti Vihar, Itanagar, has been allotted to the respondent no. 4.
3. The facts leading to filing of the instant writ petition, briefly stated, are as follows:
Every decision of an administration and executive nature must be composite and self-sustaining one and in that it should contain all the reasons which prevail the official taking the decision to arri....
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.
The main legal point established in the judgment is the authority of the government to correct allotment mistakes and the entitlement of individuals to government quarters.
Eviction of occupants from government quarters requires adherence to due process and respect for constitutional rights, as per Articles 14 and 21.
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
Material misrepresentations made by an applicant in an application for official accommodation can vitiate the entitlement to such benefit.
Out-of-turn government accommodation allotment under exigency must be by House Allotment Committee per rules; arbitrary executive directions bypassing procedure illegal, violative of equality and rul....
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
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