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Judgment
R.S., CJ
Heard Mr. Rephung Phokmi, learned counsel for the petitioners. Also heard Mr. Lenin, learned Addl.AG for the respondents No.2 and 6 as well as Mr.S.Samarjeet, learned CGC for the respondentsNo. 1, 3, 4 and 5.
[2] The prayers in this PIL are as follows:-
"ii. Issue a writ in the nature of Mandamus thereby directing respondent No.3 to vacate the place and houses occupied by them, mention at para No.9.
iii. Direct respondents to pay compensation at the tune of Rs. 70,00000/- (Rupees seventy lakhs) only for the curtailing fundamental right, mental and physical agony they have cause by wrongful occupation of the public utility premises/properties mention at para No.9 and for the land/play ground they used."
[3] The short issue that the petitioners focus in the present PIL is that the villagers of Tusom Christian Village are peace loving villagers and in that, there is a playground that is used by the children for their sports activities. The cause of action for filing the PIL is that according to the petitioners, the 27th Assam Rifles, Bn., E-Coy, APO-99 may come into the Tusom Christian village in October, 2019 as usual custom and establish their camp for 2-3 days. They take over public utility premises like children home, public work-shed centre, community facility Conference centre, etc. thereby depriving the villagers and children of use of the playground and public utility premises. The probable occupation of the 27th Assam Rifles, Bn., E-Coy, APO-99 is unlawful and without proper authority of law. They deprive the rights of villagers and at certain times, they fire blank weapons that cause noise pollution and also threat to the people around. It is further pleaded that the Raphei area consisting of 17 (seventeen) villages are intending to host a Conference -cum-Sports Meet at Tusom Christian village in the 1st week of January, 2020 and therefore, the proposed/probable occupation by the 27th Assam Rifles, Bn., E-Coy, APO-99 will hamper the Conference-cum-Sports Meet. In this regard, they have already submitted a representation to the Deputy Commissioner, Ukhrul 26.3.2019 and on 13.6.2019, memorandum has been submitted.
[4] In the light of the above, we are of the opinion that the allegation of occupation appears to be pre-mature but even assuming, it is an apprehension on the part of the petitioners, they have submitted a representation to the Deputy Commissioner, Ukhurl on 26.3.2019 and memorandum on 13.6.2019. If it has been received, the authority will call for a meeting and redress their grievances if it is found to be justified. The petitioners are directed to submit a fresh representation and memorandum along with a copy of this order so that the authority can take a proper decision on this issue. Before proceeding to further in any manner, it is necessary that if the decision of the authority will have any bearing on any law enforcement agency or the security agency, the competent authority may be duly informed so that they are not taken by surprise and it will also avoid allegation of violation of principles of natural justice. An early decision in this regard will be appreciated.
[5] With the above, the PIL stands disposed of.