Point of Law: Right to shelter does not mean a mere right to a roof over one's head but right to all infrastructure necessary to enable them to live and develop as a human being.

JUDGMENT :

KARDAK ETE, J.

1. Heard Mr. S. Tapin, learned Senior Government Advocate for the appellants and Mr. D. Kamduk, learned counsel for the respondents.

2. This intra-Court Appeal has been preferred by the State of Arunachal Pradesh represented by the Chief Secretary, Government of Arunachal Pradesh against the order dated 29.07.2022 passed by the learned Single Judge in WP(C)/254/2022.

3. The facts leading to the filing of the present appeal is that the respondents/ petitioners (17 in numbers) who are Government Employees have been allotted Government quarters at Papu Hill, Naharlagun and they have been staying in their respective quarters with their family. In the meantime, the State Government in the Department of Housing has issued an order dated 30.06.2022, wherein the PWD, Naharlagun Division had proposed to construct multi-storeyed flats in place of the old quarters at Papu Hill, Naharlagun. In order to pave way for the said proposed construction, an alternate accommodation has been provided to the respondents/petitioners, whose quarters are proposed for demolition for reconstruction. The respondents/ petitioners being the occupants of the government quarters which are sought to be demolished and on proposal of alternate accommodation, visited the building allotted to them, but found out that the same was in a highly dilapidated condition and not fit for human dwelling. On 22.07.2022, the Executive Engineer, PWD, Naharlagun Division issued a notice stating that in order to clear the site for construction of multi-storeyed residential building in place of the out-lived quarters at Papu Hill, Naharlagun, the alternate accommodation are being provided to the occupants whose quarters are proposed for demolition and requested the respondents/petitioners to shift/ vacate the quarters under occupation, by submission of vacation report within 15 days. On receipt of such notice, the respondents/ petitioners submitted a representation before the Executive Engineer, PWD, Naharlagun Division. Vide another notice dated 26.07.2022, the Executive Engineer, PWD, Naharlagun Division in continuation to the notice dated 22.07.2022, stating that the semi permanent type quarters occupied by the respondents/petitioners are at risk and danger, and alternate accommodation has been provided to the occupants whose quarters are proposed for demolition and were requested to shift/vacate the quarter by submitting vacation report within 15 days.

4. On being not considered the grievances by the authority, the respondents/petitioners approached this Court by filing the writ petition (Supra) on the ground that the alternative accommodation allotted to them lacks basic amenities and is in a dilapidated condition and is not fit for human dwelling. The respondents/petitioners also submitted that the other difficulties faced by the petitioners is that their children are attending schools in the nearby areas and they are in the mid-session. Besides, some of them are undergoing medical treatment, which would be disrupted if they were asked to shift out from the place. Therefore, they have prayed for a direction to the respondent authorities to provide alternative accommodation which is suitable for human habitation and for setting aside the order dated 30.06.2022 and the notices dated 22.07.2022 and 26.07.2022.

5. The learned Single Judge of this Court, after considering the grievances of the respondents/petitioners, disposed of the writ petition (supra) at the motion stage with a direction to the Secretary (Housing), Government of Arunachal Pradesh, Itanagar and the Director, Urban & Housing, Government of Arunachal Pradesh, to consider the grievances projected by the petitioners in their representation and locate an alternative and suitable place where the respondents/petitioners can be accommodated within a period of two weeks from the date of receipt of the certified copy and until such decision is taken, the order dated 30.06.2022, and the notices dated