Court Dismisses Petitioner's Plea to Retain Quarters, Emphasizes Public Interest in Housing Policy
In a significant ruling, the Gauhati High Court, Itanagar Bench, has directed the eviction of Ms. Mary Megu from her government-allocated quarters to facilitate a redevelopment project aimed at constructing multi-storied residential flats. Justice N. Unni Krishnan Nair, presiding over the case, emphasized the larger public interest of the policy decision taken by the Government of Arunachal Pradesh to improve housing facilities for its employees.
Ms. Megu, who was allotted Quarter No. 506/T-II at D-Sector, Naharlagun, challenged the eviction order issued by the Estate Officer on 13th July 2026, requiring her to vacate the premises by 27th July 2026. The court noted that the government's decision to redevelop the old quarters was intended to provide better living conditions for a greater number of government employees, who are currently without accommodation.
The court found that the petitioner was provided with options for alternative accommodation or House Rent Allowance (HRA) during the redevelopment phase. Furthermore, the petitioner and others in a similar position were assured priority in the allotment of the newly constructed flats once completed.
Despite Ms. Megu's plea citing personal circumstances, including her health condition and family responsibilities, the court maintained that the policy decision could not be overridden by individual hardships. The court had earlier directed the government to consider her representation, which resulted in a rejection of her request to retain the quarters until her retirement.
The judgment reaffirmed that the petitioner had no legal right to continue occupying the quarters against the policy decision, which was deemed necessary for the larger benefit of government employees. The court ordered Ms. Megu to vacate the quarters by 20th August 2026, failing which the authorities were authorized to evict her using necessary force.
Bottom Line :
Government policy for redevelopment of housing facilities - Government employees required to vacate quarters for redevelopment - Employees provided options for alternative accommodation or House Rent Allowance - No right to retain quarters against policy decision taken in larger public interest.
Statutory provision(s): Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants) Act, 2003.
Mary Megu v. State of AP, (Gauhati)(Itanagar Bench) : Law Finder Doc id # 2957459
