ROBERT ZOMAWIA STREET Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HEARD Mr. VK Jindal, learned senior counsel assisted by Mr. S Dey, learned counsel for the petitioner and Mr. R Deb Nath, learned CGC appearing for the respondents.

(2.) THE only prayer sought for in the present writ petition is for a direction to the respondents to consider the request of the petitioner for the allotment of alternative site or place of residence as per the assurance made by the respondents under the resumption notice dated 23.03.1993. The impugned eviction notice dated 21.09.2015 was issued in pursuance of the resumption notice dated 23.03.1993, which had been upheld by the Supreme Court vide judgment and order dated 27.03.2014 passed in Civil Appeal No. 4041/2014. The concise fact of the case leading to the filing of the present writ petition, which would be sufficient for deciding the matter in issue, is briefly noted.

(3.) Mr. VK Jindal, learned senior counsel appearing for the petitioner by referring to Para No. 3 of the resumption notice dated 23.03.1993 contended that the Committee of Officers had already made an assurance that they (Committee of Officers) will consider for recommendation to the Central Govt. to offer the petitioner an alternative site and the petitioner should not own any property (immovable property) in Shillong. The petitioner had earlier questioned the authority of the respondents to issue the said resumption notice dated 23.03.1993 by filing a Title Suit being T.S. No. 5 (H) 1993 in the court of the learned Assistant District Judge, Shillong. The learned Assistant District Judge, Shillong vide judgment and decree dated 22.12.2009 dismissed the said Title Suit i.e. T.S. No. 5 (H) 1993. Being aggrieved by the said judgment and decree of the trial court dated 22.12.2009 passed in T.S. No. 5 (H) 1993, the petitioner preferred an appeal being RFA No. 1 (H) 2010 in the court of the learned District Judge, Shillong. The learned District Judge, Shillong vide judgment and decree dated 03.08.2010 dismissed the appeal. The petitioner again filed Second Appeal (SH) No. 1/2010 in the High Court against the judgment and decree dated 03.08.2010 passed by the learned District Judge, Shillong in RFA No. 1 (H) 2010 affirming the judgment and decree dated 22.12.2009 passed by the Assistant District, Judge, Shillong in T.S. No. 5 (H) 1993. The High Court vide judgment and order dated 16.12.2011 allowed the Second Appeal (SH) No. 1/2010. The operative portion of the judgment and order of the High Court dated 16.12.2011 passed in Second Appeal (SH) No. 1/2010 reads as follows: - -