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IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Themerimung Zimik & Ors. - Appellants
Versus
State Of Manipur & Ors. - Respondents
W.P.(C) No. 352 of 2021 with W.P.(C) No. 102 of 2022 with W.P.(C) No. 203 of 2022
Decided On : 05-07-2022
Government Quarter - Allotment Dispute - Government Quarter Type-III/B-7 - [Government Quarter Type-III/B-7, Government Quarter Type-III/G-82, Article 14, Article 21] - The court addressed the dispute over the allotment of Government Quarter Type-III/B-7 at Lamphelpat. It discussed the validity of the allotment orders, cancellation of allotment, and the entitlement of the petitioners to the quarters. The court found that the authorities rightly corrected their mistakes by re-allotting the quarter to petitioner No. 1 and dismissed the petitions filed by petitioner No. 2.
Fact of the Case:
The dispute involved the allotment of a Government Quarter Type-III/B-7 at Lamphelpat to two government employees, petitioner No. 1 and petitioner No. 2. The issue was regarding the legal entitlement to the quarter.
Finding of the Court:
The court found that the authorities had rightly corrected their mistakes by re-allotting the quarter to petitioner No. 1 and dismissed the petitions filed by petitioner No. 2. It directed the State respondents to evict petitioner No. 2 from the quarter and deliver vacant possession to petitioner No. 1.
Issues: The main issue was the legal entitlement to the Government Quarter Type-III/B-7 at Lamphelpat, which was the subject of dispute between the two petitioners.
Ratio Decidendi: The court held that the authorities had rightly corrected their mistakes by re-allotting the quarter to petitioner No. 1 and that petitioner No. 2 failed to make out a case for entitlement to the quarter.
Final Decision: The court dismissed the petitions filed by petitioner No. 2 and allowed the petition filed by petitioner No. 1, directing the State respondents to evict petitioner No. 2 from the quarter and deliver vacant possession to petitioner No. 1.
JUDGMENT
1. Heard Mr. Ng. Kumar, learned counsel appearing for the petitioner in W.P.(C) No. 203 of 2022 and for respondents No. 4 & 5 in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 respectively. Heard also Mr. BR. Sharma, learned counsel appearing for the petitioner in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 and respondent No. 4 in W.P.(C) No. 203 of 2022. Heard also Mr. Shyam Sharma, learned Government Advocate appearing for the State respondents in all the three writ petitions.
As the facts and issue involved in all the three writ petitions are the same, the said three writ petitions were heard jointly and being disposed of by this common judgment and order.
2. The only issue involved in these three writ petitions is with regard to who between the two writ petitioners is legally entitled to the allotment of Government Quarter Type-III/B-7 at Lamphelpat.
For the sake of convenience, the petitioner in W.P.(C) No. 203 of 2022 is referred to as petitioner No. 1 and the petitioner in W.P.(C) No. 352 of 2021 and W.P.(C) No. 102 of 2022 is referred to as the petitioner No. 2.
3. The brief fact of the present writ petitions is that both the petitioners are employees of the Government of Manipur. Petitioner No. 1 is serving as L.D.A. in the Court of District and Sessions Judge, Imphal East and petitioner No. 2 is serving as Rifleman in the 4th IRB, Thenguchingjin, Imphal East.
By an order dated 02.01.2020 issued by the Additional Chief Secretary (Works)-cum-Estates Officer, Government of Manipur, Government Quarter Type-III/B-7 at Lamphelpat, which was earlier allotted to one MS. Thangchinla, Senior Account Assistant, Imphal East Treasury, Porompat, was cancelled and the said quarter was temporarily allotted to petitioner No. 1 with the conditions, inter-alia, that the new allottee is required to furnish a certificate from the concerned D.D.O. certifying that necessary house rent/furniture rent shall be deducted from his salary and that the D.D.O. should also certify his present place of posting, pay-scale and take responsibility for information to the State Officer, Government of Manipur, as and when the allotee is transferred out. In terms of the conditions stipulated in the aforesaid allotment order, the D.D.O. of the petitioner No. 1 furnished the required certificates/documents and thereafter the Under Secretary (Works), Government of Manipur, wrote a letter dated 16.01.2022 requesting the Executive Engineer, Building Division No. II, PWD, Manipur, to handover the said allotted quarter to the petitioner No. 1.
4. When the said Government quarter allotted to the petitioner No. 1 was found to be occupied by unknown persons illegally without valid documents, the Executive Engineer, Building Division No. II, PWD Manipur wrote a letter dated 21.01.2020 to the Deputy Commissioner, Imphal West, stating, inter-alia, that the previous allottee of the said quarter was not found during inspection and had sublet the said quarter to the unknown person and accordingly, a request was made to take an eviction proceedings of the unknown persons of the said Government Quarter at the earliest so that the new allottee can occupy the said quarter.
5. Instead of evicting the unauthorised occupants of the said Government Quarter and handing it over to the petitioner No. 1, the Additional Chief Secretary (Works)-cum-Estates Officer, Government of Manipur, issued an order dated 04.12.2020 to the effect that the said quarter has been retained in favour of the earlier allottee, i.e., MS. Thangchinla upto 31.12.2020 and after which the said quarter was temporarily allotted to the petitioner No. 1 with effect from 01.01.2021 subject to strict compliance of the conditions mentioned in the said order.
6. Quite surprisingly and without application of mind, the Additional Chief Secretary (Works)-cum-Estates Officer, Government of Manipur, issued another order dated 18.01.2021 allotting the said Government Quarter in favour of the petitioner No. 2. T
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.
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
Eviction of occupants from government quarters requires adherence to due process and respect for constitutional rights, as per Articles 14 and 21.
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.
Retrospective penal rent for higher government quarters unjustified after long legitimate occupation with normal charges; prospective application only.
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