Gauhati High Court
Page No.# 1/9 vs The State Of Assam And 4 Ors on 24 March, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/9
GAHC010063622025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1695/2025
G. KAMRAJU AND 26 ORS.
SON OF LAXMAN, R/O HOUSE NO. 5, BLOCK AB-3, GMC NEW FATASIL
COLONY, AMBARI, GUWAHATI-25, KAMRUP METRO, ASSAM
2: A. APPARAO
SON OF TANGUDUBALLI AKALU
R/O HOUSE NO. 24
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
3: ANAKAPALLI SHANTIRAO
SON OF ANANDARAO ANAKAPALLI
R/O HOUSE NO. 23
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM.
4: P. SRINU
SON OF NAG RAJU
R/O HOUSE NO. 9
BLOCK AB-5
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM.
Page No.# 2/9
5: ANAKAPALLI SUGNANA RAO
SON OF ANAKAPALLI DURGA RAO @ ANAKADALLI DURGA RAO
R/O HOUSE NO. 11
BLOCK AB-5
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
6: P. SILKAMA
SON OF VEPADA KANNAYYA
R/O HOUSE NO. 26
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
7: NAK RAJU NO. 1
SON OF SOMULU MULAMPAKA
R/O HOUSE NO. 29
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
8: YEDLA RAMU
SON OF YEDLA SIMHACHALAM
R/O HOUSE NO. 4
BLOCK AB-2
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
9: P. ESWARA RAO
SON OF MARUDUPUDI RAMULU
R/O HOUSE NO. 5
BLOCK AB-7
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
Page No.# 3/9
ASSAM
10: GOVINDA RAO TANGUDUBILLI
SON OF ESWARA RAO
R/O HOUSE NO. 32
BLOCK AB-9
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
11: P. MANGAMA
SON OF MUNJETI TATABABU
R/O HOUSE NO. 24
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
12: D. CHINTALI
SON OF RAMULU
R/O HOUSE NO. 12
BLOCK AB-5
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
13: BEESETTI RAMAKOTI
SON OF SANYASI NAIDU
R/O HOUSE NO. 7
BLOCK AB-4
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
14: VENKATA RAMAN
SON OF RAMA RAO
R/O GROUND FLOOR
BLOCK AA-7
GMC NEW FATASIL COLONY
AMBARI
Page No.# 4/9
GUWAHATI-25
KAMRUP METRO
ASSAM
15: PATNALA KAMARAJU
SON OF DAMRU
R/O HOUSE NO. 10
BLOCK AB-5
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
16: GUDALA PARBATAMA
SON OF POTLA VENKATA SWAMI
R/O HOUSE NO. 27
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
17: T. KAMRAJU
SON OF TOTADA PAIDIRAJU
R/O HOUSE NO. 25
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
18: PEDDADA VARAHALAMMA
SON OF PADAMATLA SAMUDRAM
R/O HOUSE NO. 31
BLOCK AB-9
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
19: Y. KAMALAXMI
SON OF MARUDUPUDI RAMULU
R/O HOUSE NO. 30
BLOCK AB-9
Page No.# 5/9
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
20: KALLA SANYASI NAIDU
SON OF APPANNA
R/O HOUSE NO. 8
BLOCK AB-4
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
21: DONI NAGARAJU
SON OF DONI KOTIBABU
R/O HOUSE NO. 22
BLOCK AB-8
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
22: MADAKA GANAPATHI ASHA
SON OF APPA RAO
R/O HOUSE NO. 6
BLOCK AB-3
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
23: A. SUDARSANAMA
SON OF ACHI RAO
R/O FIRST FLOOR
BLOCK AB-5
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
24: A. APPA RAO
SON OF TATA RAO
Page No.# 6/9
R/O HOUSE NO. 7
BLOCK AA-7
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
25: D. EASWARAMA
SON OF SANKAR
R/O HOUSE NO. 18
BLOCK AB-6
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
26: MASOH ABEL
SON OF LATE KONDABABU MASOH
R/O THIRD FLOOR
BLOCK AB-6
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSAM
27: MUKHLAL
SON OF RAMULU
R/O THIRD FLOOR
BLOCK AA-7
GMC NEW FATASIL COLONY
AMBARI
GUWAHATI-25
KAMRUP METRO
ASSA
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, GUWAHATI
DEVELOPMENT DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR,
GUWAHATI
2:THE GUWAHATI MUNICIPAL CORPORATION
REPRESENTED BY ITS COMMISSIONER
PANBAZAR
Page No.# 7/9
GUWAHATI-01
KAMRUP METRO
ASSAM
3:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
GUWAHATI-01
KAMRUP METRO
ASSAM
4:THE COLLECTOR
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
GUWAHATI-01
KAMRUP METRO
ASSAM
5:THE CHAIRMAN
DISTRICT DISASTER MANAGEMENT AUTHORITY
KAMRUP METRO
ASSAM
Advocate for the Petitioner : MR. A GOYAL, MR. DIVYANSH RATHI,MR. A CHOUDHURY
Advocate for the Respondent : GA, ASSAM, SC, GMC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
24.03.2025
Heard Mr. A. Goyal, learned counsel for the petitioners; Mr. S. Bora, learned Standing
Counsel, GDD/GMC for the respondent nos. 1 to 4; and Mr. B.J. Talukdar, learned Senior
Counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent no. 5.
2. The petitioners, twenty-seven in nos., have submitted that a fire incident broke out at
Harizon Colony, Fatasil on 09.12.2022 and in the said fire incident, many GMC quarters were
gutted. The petitioners at that point of time, were staying in the GMC quarters at Harizon
Page No.# 8/9
Colony, Fatasil and their GMC quarters were also gutted in the said fire incident. By an order
dated 20.12.2022, the respondent no. 5 requisitioned thirty-three nos. of sealed and sub-
judice flats of GMC, New Harizon Colony, Fatasil for temporary accommodation of the fire
victim families including these petitioners. The petitioners have approached this Court after
they have been served with Notices dated 21.01.2025 to vacate the temporary
accommodations provided to them at Fatasil New Harizon Colony by the order dated
20.12.2022.
3. Mr. Bora, learned Standing Counsel, GDD/GMC has submitted that with respect to the
thirty-three nos. of flats of GMC at New Harizon Colony, there was a series of litigations in the
shape of W.P.[C] no. 1822/2013; W.P.[C] no. W.P.[C] no. 1265/2015; and W.P.[C] no.
3185/2019, which culminated in a Judgment and Order dated 03.10.2023. During the course
of hearing culminating in the Judgment and Order dated 03.10.2023, it was submitted on
behalf of the respondent GMC authorities that thirty-three GMC flats were kept aside at New
Harizon Colony for allotment to the concerned applicants and due to the fire incident broke
out at Harizon Colony on 09.12.2022, the fire victims from the incident dated 09.12.2022
including the petitioners, were accommodated temporarily in those thirty-three flats with an
undertaking that the thirty-three flats would be vacated immediately after a decision is
delivered in the proceedings in W.P.[C] no. 1822/2013; W.P.[C] no. W.P.[C] no. 1265/2015;
and W.P.[C] no. 3185/2019. Mr. Bora has submitted that it is after the Judgment and Order
dated 03.10.2023, the Notices dated 21.01.2025 have been issued to these petitioners who
are occupying the flats among those thirty-three nos. of flats constructed at New Harizon
Colony.
4. Mr. Goyal, learned counsel for the petitioners has submitted that at the time the fire
incident dated 09.12.2022 broke out, the petitioners were living in GMC quarters and since in
the incident dated 09.12.2022 their quarters were damaged completely, the respondent GMC
authorities are duty bound to provide alternative accommodations to the petitioners in the
meantime.
5. Mr. Bora, learned Standing Counsel, GDD/GMC has submitted that he will obtain
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instructions as to whether at the time of providing temporary accommodation to the
petitioners in the thirty-three flats at New Harizon Colony, it is also undertaken to provide
alternative accommodation to these petitioners in the meantime.
6. As sought for by Mr. Bora, learned Standing Counsel, GDD/GMC, list the case on
04.04.2025.
7. Having regard to the projections made in this writ petition, the respondent GMC
authorities shall not act further on the basis of the Notices 21.01.2025 to vacate the flats
under temporary occupation of the petitioners till the next date of listing.
8. Mr. Bora, learned Standing Counsel, GDD/GMC shall communicate the contents of this
order to the competent authority in the GMC during the course of the day.
JUDGE
Comparing Assistant
