Sangley Gombu and 5 Ors v. The Union of India and 11 Ors

ORDER Date : 27.06.2024 Heard Mr. O. Pada, learned counsel for the petitioners. Also heard Mr. R. H. Nabam, learned Additional Advocate General for the respondent Page No.# 5/7 Nos. 11 & 12.

¶2The Central Public Works Department (CPWD), the Government of India, Ministry of Housing and Urban Affairs on 11.06.2024 issued an E-Tender No. ID/77607 NIT/RFP No.03/TZCD/2024-25/Tezpur for construction of Boundary Wall, Guard Room, Sentry Post and Morcha at 30th Battalion Headquarters, Sashastra Seema Bal (SSB) at Dirang, Arunachal Pradesh under FTR, Headquarter, SSB Tezpur including internal Water Supply and Sanitary Installation and Internal Electrical Installation. 3 PM of 26.06.2024 was the last date and time for submission of the Bid documents.

¶3The petitioners, herein, have challenged the said E-Tender dated

11.06.2024 issued by the CPWD for construction of boundary wall etc. at 30th Battalion Headquarters, SSB, Dirang, stating that after the Chinese aggression in the year 1960-62, their land at Dirang is under occupation of the Defence Department and presently, under SSB and that the respondent authorities in the Defence Department in the Union of India is in occupation of their said land, without paying them any due rent/compensation in violation of law and the provisions of the Article 300A of the Constitution of India. Hence, their objection is with regard to construction of any boundary wall over their land at Dirang, which is presently under occupation of SSB and for that reason, they have challenged the said NIT dated 11.06.2024 of the CPWD. Page No.# 6/7

¶4On being enquired, on behalf of the petitioner Mr. Pada submitted that presently with regard to the occupation of their land at Dirang by the SSB, which was initially taken over by Union of India for the Defence Department, is pending before this Court being WP(C) No. 411(AP)/2021 (Sangley Gombu and 5 Ors. Vs. The Union of India and 9 Ors.).

¶5The Court also enquired from Mr. Pada, as to whether any order is in force, restraining the Defence Department of the Country and/or SSB from occupation of their alleged land at Dirang. It is stated before the Court that there is no such stay order or any other order restraining SSB or any other authority under the Defence Department of the country from occupation of the said land involved in WP(C) No. 411(AP)/2021.

¶6Considering the above, this Court is not inclined to accept this writ petition, having no merit, in challenging the NIT dated 11.06.2024 issued by the CPWD vide E-Tender No. ID/77607 NIT/RFP No.03/TZCD/2024-25/Tezpur for construction of Boundary Wall, Guard Room, Sentry Post and Morcha at 30th Battalion Headquarters, SSB at Dirang, Arunachal Pradesh.

¶7Needless to say, that the entitlement of due rent or any other compensation for their said land, allegedly under occupation of SSB at Dirang, Arunachal Pradesh, payable to the petitioners, if any, shall be subject to the outcome of said WP(C) No. 411(AP)/2021, preferred by the petitioners. Page No.# 7/7

¶8The writ petition is accordingly, dismissed.

JUDGE Comparing Assistant

Page No.# 1/7 GAHC040008142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/257/2024 Sangley Gombu and 5 Ors Son of Late Dorjee Norbu, permanent resident of Yewang Village, PO and PS Dirang, West Kameng District, Arunachal Pradesh 790001 2: Norbu Tsering Age: Son of Late Rinchin Khandu permanent resident of Yewang Village PO and PS Dirang Arunachal Pradesh 790001 3: Pem Leto Age: Son of Late Pem Wangda permanent resident of Yewang Village PO and PS Dirang Arunachal Pradesh 790001 4: Pem Tsering Age: Son of Late Dorjee Khandu permanent resident of Yewang Village PO and PS Dirang Arunachal Pradesh 790001 5: Dorjee Khandu Page No.# 2/7 Age: Son of Late Kesang Namge permanent resident of Yewang Village PO and PS Dirang Arunachal Pradesh 790001 6: Sang Phunchu Age: Son of Late Pem Drakpa permanent resident of Dirang Bazarline PO and PS Dirang Arunachal Pradesh 79000 VERSUS The Union of India and 11 Ors represented by the Secretary, Ministry of Home Affairs, Govt of India, North Block, Cabinet Secretariat, Raisina Hill, New Delhi 110001 2:The Director General Age: 0 Govt of India Ministry of Home Affairs Sashastra Seema Bal Force Head Quarter East Block-V RK Puram New Delhi 110066 3:The Inspector General Age: 0 Frontier Headquarter Sashastra Seema Bal Guwahati Nikita Complex GS Road Guwahati Assam 781002 Page No.# 3/7 4:The Inspector General Age: 0 Frontier Headquarter Sashastra Seema Bal Tezpur PO and PS Tezpur District Sonitpur Assam 784001 5:The Commandant Age: 0 30th Battalion Sashastra Seema Bal Station Dirang PO and PS Dirang Arunachal Pradesh 790101 6:The Secretary Age: 0 Ministry of Defence Sena Bhavan Govt of India New Delhi 110011 7:The Defence Estate Officer Age: 0 Cole Park Road Tezpur Sonitpur District Assam 784001 8:The Executive Engineer Age: 0 Tezpur Central Division Central Public Works Depart Tezpur 9:The Commissioner/ Secretary Age: 0 Page No.# 4/7 Land Management Civil Secretariat Itanagar Govt of Arunachal Pradesh Itanagar 791110 10:The Director of Land Management Age: 0 Govt of Arunachal Pradesh Itanagar 11:The Deputy Commissioner Age: 0 Bomdila Arunachal Pradesh 790001 12:The Additional Deputy Commissioner Age: 0 Dirang Arunachal Pradesh 79010 Advocate for the Petitioner : Ojing Pada Advocate for the Respondent : R. H. Nabam, AAG; Marto Kato BEFORE HONBLE MR. JUSTICE MANASH RANJAN PATHAK