Tennis Court land allotted to BJP by GoAP in violation of HC order

By A O News Service

ITANAGAR, Jan 10: The allotment of Tennis Court in Indira Gandhi Park here by state Govt to ruling BJP party for construction of its state office though the land was sub-judice with Gauhati High Court.

HC judge justice Songkhupchung Serto, while disposing WP (C) No. 229(AP) 2018 on May 21 last, had directed to issue notice to the respondents (State of Arunachal Pradesh and five other opposite parties, returnable within 4 weeks, according to HC order available with this daily.

However, the judge ruled that “This is an application under Article 226 of the Constitution of India challenging legality and validity of three impugned orders (i) letter No LM-88/2017/3825, dated 27.01.18 by which Arunachal Pradesh Govt land management (LM) director approving allotment of land in dispute, i.e a plot of land measuring 2500 Sqm situated near Tennis Court, D-Sector, Itanagar in favour of Bharatiya Janata Party, (ii) letter No. LM-88/2017/05, dated 3.04.18 of LM) director conveying Capital Complex DC that allotment of land measuring 4000 Sqm situated near Tennis Court, D- Sector Itanagar allotted to the petitioner has been cancelled and the same has been allotted to BJP, the private respondents and (iii) land allotment order No. DC/CC/LRB-07/2016, dated 24.04.18 wherein the land in dispute measuring 2500 Sqm situated near Tennis Court D- Sector is allotted to the BJP.

“The petitioner’s grievance as submitted by the learned counsel D Panging is as follows: That in the year 2012 following an application submitted by the petitioner the GoAP decided to allocate the land in question to the petitioner and the same was conveyed through the LM director to Capital Complex DC vide letter No. LM-132/Land/2010/8917 dated 28.06.12. However, the DC for reasons best known to him did not issue former allotment order as required under the law. Being aggrieved. the petitioner approached this Court by filing WP(C)599(AP)2017 seeking for issuance of appropriate writ or order or direction directing the DC to issue the necessary order. On 02.08.17, this Court issued a direction to the DC to dispose of the representation of the petitioner dated 14.10.13 with a speaking and reasoned order in accordance with law and relevant guidelines within a period of 10 days.

“Inspite of such order passed by this Court, the DC did not issue any order as required, instead on the basis of impugned letter No. LM-88/2017/3825, dated 27.01.18 and letter No, LM-88/2017/05 dated 3.04.18 allotted the disputed land measuring 2500 Sqm situated at D-Sectorin favour of the private respondent No. 6. Being aggrieved, the petitioner has come to this Court for the second time challenging the above stated three impugned orders,” the judge ruled.

Rule of law is he bedrock of Indian democracy but the imbroglio involving allotment of land by the administration to BJP for building its office is opposite to rule of law, a senior advocate commented. Some prominent intellectuals of the state speaking on condition of anonymity expressed their views that the GoAP should not have resorted to allotment of public premises, especially where young sports persons play daily besides dharnas conducted regularly.

It would wise for the GoAP to abandon the site and allot a suitable land to BJP to end the controversy, a prominent citizen advised.

Meanwhile, the Arunachal Civil Society also leveled similar allegation and wondered how the GoAP allotted the land which was a sub-judice. This amounted to insulting judiciary institution, ACS chairman Patey Tayum said in a release.

Itanagar Club was the petitioner in the case. The issue has been embroiled in controversy, particularly after the foundation stone-cum-bhumi pujan ceremony by NE state BJP general secretary (Org) Ajay Jamwal in presence of state BJP president Tapir Gao, DyCM Chowna Mein and other ministers, including party MLAs on January 7 last.

In fact, Khandu, who had termed the day historic, while responding to reservations expressed by several organizations, had said that he was aware of concerns expressed by various organizations which were genuine and assured to provide land for “protest” area in capital city in centrally located area with toilet, water, electricity and shed facilities. The GoAP is not opposed to any protest culture which is part and parcel of democracy, as reported by the CMO.

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