Vicky Mishra & Ors vs Union Of India & Ors

H. S. Thangkhiew, J

Mr. A.S. Siddiqui, learned Senior counsel assisted by Mr. D. Hynniewta, learned counsel for the petitioners has submitted that the due to the fire that had occurred on 16.01.2026 at 29 Cantonment, Shillong, the shanty structures of the petitioners, which they were inhabiting were totally gutted, and that they have been prevented by the respondents thereafter, from making any kind of shelter to shield them from the elements, especially during these winter months. He submits that the limited prayer in the writ petition without prejudice to any other rights of the respondents, is to allow the petitioners to raise temporary structures, which are weatherproof/windproof for their shelter, as they are now all staying out in the open.

Mr. S.P. Mahanta, learned Senior counsel assisted by Ms. L.D.N. Thangkhiew, learned counsel for the respondent No. 3 (Cantonment Board) has submitted that with regard to the Plot in question, the lease which was subsisting with the respondents Nos. 6, 7 & 8, has since expired and proceedings with regard to the lease are underway, which are presently pending before the Hon’ble Supreme Court.

This submission is concurred to by Mr. S. Jindal, learned counsel for the respondent No. 6, and Mr. S. Chanda, learned counsel for the respondents Nos. 7 & 8.

It is further submitted that if the Court is to allow the prayer of the writ petitioners, the same should be with certain conditions that they may not raise any permanent structures, and only those people who are residing therein, who have been affected by the fire that had occurred on 16.01.2026, be allowed to raise their structures.

This submission is also endorsed by Dr. N. Mozika, learned DSGI for the respondents Nos. 1 & 2.

Mr. K. Khan, learned AAG assisted by Ms. Z.E. Nongkynrih, learned GA for the respondents Nos. 4 & 5, submits that the State respondents will abide with any directions that comes from this Court.

On hearing the learned counsel for the parties and also considering the desperate condition of the writ petitioners and the limited relief prayed for in the instant writ petition, it is directed that without prejudice to the rights of the parties and other proceedings that are pending with regard to the occupation, tenancy or leasehold of 29 Cantonment, Shillong, to provide the affected residents some relief it is directed as follows: -

i) The respondent No. 3 (CEO Cantonment Board) shall arrange for a spot inspection/verification to be conducted on the said site on a date to be so fixed, but not later than 7(seven) days from today.

ii) The Spot Inspection/Verification shall be done in the presence of representatives of respondent No. 2, respondent No. 5 (O/c of Cantonment Beat House), an officer from the Disaster Management Department, and the respondents Nos. 6, 7 & 8.

iii) The Spot Inspection/Verification shall only be to ascertain the said persons who have been affected by the fire at 29 Cantonment and on confirmation thereof, shall allow for the raising of temporary structures for their shelter of these persons only.

iv) No permanent shelter shall be allowed to be raised in the said Plot.

Mr. S.P. Mahanta, learned Senior counsel for the respondent No. 3 shall fix the date for conduct of the said inspection and verification, with due prior intimation to other respondents.

With the above noted directions, this matter stands closed and is accordingly disposed of.