Court stays eviction order

ITANAGAR, Oct 22: The Itanagar permanent bench of the Gauhati High Court on Monday stayed the impugned eviction order issued by the extra assistant commissioner-cum-estate officer, Itanagar, vide Memo No EAC/ITA/E0/APPE-ACT-2003/2017-18, dated 12-10-2013, against the eviction drive proposed to be carried out with effect from 23 October against standing structures falling within the RoW of the four-lane NH 415 from the stretches of Chandranagar to Papu Nallah-Jullang tri-junction, vide order dated 22-10-2018, in WP(C) No 530 (AP)/2018, in respect of Taro Tagia & others vs state of AP & others.
The court gave the order following the writ petition filed by members of the Itanagar Commercial Building Affected Owner’s Welfare Association before the vacation bench of the high court, vide WP(C) No 530 (AP)/2018.
“Having regard to the facts averred by the petitioners including the fact of pendency of the appeal petition, dated 16.10.2018, preferred by them u/s 12 of the Arunachal Pradesh Public Premises (Eviction of Unauthorized Occupants Act), 2003, against the impugned order of eviction, dated 12.10.2018, and further hearing the learned counsel of both sides, it is hereby provided that Respondent No 3, ie, Deputy Commissioner, Itanagar Capital Complex, Itanagar, shall consider and dispose of the appeal petition, dated 16.10.2018, as expeditiously as possible, in accordance with law by a speaking order, by affording reasonable opportunity of personal hearing to the present petitioners.
“Till disposal of the petitioners’ appeal petition, dated 16.10.2018, in the manner as indicated above, by the Respondent No 3; it is hereby directed that status quo, as on today (22.10.2018), shall be invariably maintained in respect of the lands under occupation of the present petitioners.
“It is hereby further provided that the petitioners, herein, shall appear before the Respondent No 3, aforementioned, on 31.10.2018, at 10.30 am, positively, to receive further instructions, if any.
“With the above directions, the writ petition stands allowed and disposed of at the motion stage itself,” the order read.