Vicky Mishra and 42 Ors v. The Union of India and 7 Ors

JUDGMENT AND ORDER (ORAL)

¶1Mr. 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.

¶2Mr. 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.

¶3This 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.

¶4It 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.

¶5This submission is also endorsed by Dr. N. Mozika, learned DSGI for the respondents Nos. 1 & 2.

¶6Mr. 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.

¶7On 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.

¶8Mr. 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.

¶9With the above noted directions, this matter stands closed and is accordingly disposed of.

JUDGE

Meghalaya

04.02.2026 "V. Lyndem-PS"

Date: 2026.02.04 17:45:39 IST

Serial No. 01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 12 of 2026 Date of Decision: 04.02.2026 1. Shri Vicky Mishra, 2. Shri Anil Kr Gaur, 3. Shri Ram Adhik Mahato, 4. Shri Shyam Chandra Guar, 5. Shri Ganga Ram Guar, 6. Shri Sanju Devi, 7. Shri Ram Chand Guar, 8. Shri Manoj Singh, 9. Shri Bobby More, 10. Shri Goma Thapa, 11. Shri Brijesh Ojha, 12. Shri Baij Nath Rai, 13. Shri Nawabuddin Mughal, 14. Shri Satyam Guar, 15. Shri Pradeep Guar, 16. Shri Narayan Ram Barman, 17. Shri Rajhuveer Rai, 18. Shri Bablu Guar, 19. Shri Ram Swarup Rai, 20. Shri Pram Rai, 21. Shri Rajesh Guar, 22. Shri Shivji Ray, 23. Smti Radha Krishna Thakur, 24. Shri Sujeet Kr Thakur, 25. Shri Bir Chandra Thakur, R/o 29 Cantonment, Shillong 26. Shri Binod Kr Ray, 27. Shri Pravind Kr Thakur, 28. Shri Birghu Nath Singh, 29. Shri Rakesh Kr Guar, 30. Shri Rambilash Singh, 31. Shri Laxman Rai, 32. Smti Bhima Chettri, 33. Shri Mahesh Nishad, 34. Shri Suresh Nishad, 35. Shri Anil Kr Thakur, 36. Shri Kamlesh Singh, 37. Smti Meena Thapa, 38. Shri Gendlal Guar, 39. Shri Rameshwar Lal, 40. Shri Rajesh Barua, 41. Shri Arjun Sah, 42. Shri Rajmani Nishad, 43. Smti Nirmala Devi, … Petitioner(s) Versus 1. The Union of India represented by The Secretary Defence, Sena Bhavan, New Delhi. 2. The Defense Estate Officer, Guwahati Circle, Guwahati (Assam) 3. The Chief Executive Officer, Cantonment Board, Pine Walk, Shillong. 4. The State of Meghalaya represented by The Commissioner & Secretary, Home, Shillong. 5. The Officer In Charge, Cantonment Beat House, Shillong 6. Smti Santosh Devi Geonka, Legal representative of (L) Sajjan Kumar Geonka, Recorded Lessee of Bungalow No. 29, Sy. No. 34, Shillong Cantonment. 7. Sh. Om Prakash Geonka, Recorded Lessee of Bungalow No. 29, Sy. No. 34, Shillong Cantonment 8. Sh. Kamal Geonka, Legal representative of (L) Sajjan Kumar Geonka, Recorded Lessee of Bungalow No. 29, Sy. No. 34, Shillong Cantonment … Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. A.S. Siddiqui, Sr. Adv. with Mr. D. Hynniewta, Adv. For the Respondent(s) : Dr. N. Mozika, DSGI with Ms. C. Jala, Adv. (For R 1&2) Mr. S.P. Mahanta, Sr. Adv. with Ms. L.D.N. Thangkhiew, Adv. (For R 3) Mr. K. Khan, AAG with Ms. Z.E. Nongkynrih, GA (For R 4&5) Mr. S. Jindal, Adv. (For R 6) Mr. S. Chanda, Adv. vice Mr. K. Paul, Sr. Adv. (for R 7&8) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: