PIL/7/2025 of Sangha Tanang Vs The State of AP and 16 Ors on 1 July 2026

ORDER

Date : 02.07.2026 (K. Ete, J.)

Heard Mr. M. Nibo, learned counsel for the petitioner. Also heard Ms P. Pangu, learned State counsel for the respondent Nos.1, 3, 4 and 9, Mr. B. Picha, learned Standing Counsel, Rural Development Department for the respondent Nos.2, 5, 6, 7 and 8 and Mr. C. Modi, learned counsel for the respondent Nos.11 to 17.

2. The petitioner who is a local inhabitant of Mangio village and a Gram Panchayat Chairperson of Sangha segment under CD-Block Parsi Parlo, Kurung Kumey District, Arunachal Pradesh has filed this petition in the form of Public Interest Litigation alleging corruption and to save the public property and public money in the interest of entire people of CD-Block Parsi Parlo, Kurung Kumey District with the following prayers:-

1. To direct the respondent authority to issue an order for immediate stoppage of construction activities of community halls at CD-Block lock Parsi Parlo District: Kurung Kumey, Arunachal Pradesh, in NIT No. BDO/PP/NIT/VVP/2023-24, Dated: 25/06/2024.

2. For Direction to the respondent No.3, the Secretary Planning, Finance & Investment Department, (A.P) not to release bill against the said construction works of Community Halls at CD-Block Parsi Parlo, Kurung Kumey District, in NIT No. BDO/PP/NIT/VVP/2023-24, Dated: 25/06/2024, without proper enquiry reports of executed works.

3. Direction to the Deputy Commissioner, Koloriang, Kurung Kumey District, (A.P) report to submit the report immediately as sought by the Secretary, Planning, finance and Investment Department and to pass necessary stoppage order in construction of community halls in NIT No. BDO/PP/NIT/VVP/2023-24, Dated: 25/06/2024.

4. To setup an independent enquiry committee regarding the allegation made in the instant PIL in connection with the construction of community halls at CD-Block Parsi Parlo, in NIT BDO/PP/NIT/VVP2023-2024 Dated: 25/06/2024, with the direction for registering a case against the person who are involved in the said

3. Vide NIT dated 25.06.2024, the Joint Director (RE), Rural Development Department, Itanagar has invited bids from the eligible contractors for construction of 12 Units of Community hall under CD-Block Parsi Parlo amounting to Rs.11,82,00000/-(Rupees Eleven Crore Eighty Two Lakh)only from the registered contractors of Class-III and IV categories domiciled within the territorial jurisdiction of Assembly Constituency CD-Block Parsi Parlo as per the Arunachal Pradesh District Based Entrepreneurs and Professionals (Development and Promotion) Act, 2015. The estimated costs of 12 Community halls at different places were Rs. 98,50,000/-(Rupees Ninety Eight Thousand Fifty Thousand) each.

4. Mr. M. Nibo, learned counsel for the petitioner submits that constructions of the above 12 Unit of Community halls are of sub-standard quality and the constructions have not been carried out as per Detail Project report (DPR). He submits that respondent authorities in connivance with the contractors have replaced the official geo tagging and unofficially geo tagged the site without Land Availability Certificate, Non- Duplicity Certificate and Non- Encumbrance Certificate, as well as shifted the sites to a far off distance altogether against the original geo tagged. He submits that the nature of construction of community halls have been carried out violating the original Detail Project report by reducing a half of plinth area of community hall. Therefore, construction is of sub-standard and not in accordance with the DPR which would be wastage of public fund and public interest as the sub-standard construction of the community halls would collapse at any moment.

5. Mr. B. Picha, learned Standing Counsel for the Rural Development

Department/respondent Nos2, 5, 6, 7 and 8 while referring to the verification report dated 07.03.2025, submits that on the complaint, the Deputy Commissioner has constituted a committee to undertake a ground verification of the allegations as regards discrepancies in implementation of 12 Community Halls under Vibrant Village Programme in Parsi Parlo CD Block for the year 2023-2024. Accordingly, committee consisting of 3(three) members carried out the site verification of construction of 12 Community halls. He submits that the verification report clearly reflects that all the ongoing works found shifted to a few distance from its original geo tagged location which should have been avoided however, due to its harsh terrain, land donation issues and keeping in view for better accessibility and greater utility by the users concern, such shifting of the area to a negligible distance from old geo tagged sites has to be made. The construction of the 12 Community halls having been completed as per the DPR, there is no cause of worry, nor there is any misappropriation of fund for construction of the said community halls, except shifting to negligible few distances from the old site.

6. We have heard the learned counsel for the parties and also perused the materials available on record.

7. The case projected in this PIL by the petitioner is that fund amounting to Rs.11,82,00000/-(Rupees Eleven Crore Eighty Two Lakh) only was sanctioned on 25.06.2024 for construction of 12 Community halls under CD Block Parsi Parlo in the District of Kurung Kumey at the cost of Rs. 98,50,000/-(Rupees Ninety Eight Thousand Fifty Thousand) per unit. The constructions have been done without geo tagging and carried out allegedly without any Land Availability Certificate, Non-Duplicity Certificate and Non- Encumbrance Certificate. It is alleged that the community halls were construction far away from the original site. The petitioner has also contended that the representation dated 14.01.2025 was submitted before the Secretary Rural Development and Secretary Planning, Finance & investment Department, however, no action has been initiated.

8. Upon consideration, we noticed that the Deputy Commissioner, Kurung Kumey District vide an order dated 10.02.2025 has constituted 3(three) member committee to undertake a ground verification of the alleged complaints/discrepancies in implementation of the 13 VVP projects in Parsi Parlo CD Block for financial year 2023-2024. Pursuant thereto, the committee has undertaken the verification of implementation of the 12 Community halls under Vibrant Village Programmes in Parsi Parlo CD Block on 19.02.2025. The said verification report was submitted on 07.03.2025 by the Chairman of the said verification committee.

9. Perusal of the said verification report clearly reflects that there was negligible shifting of about 10 to 15 metres, 400 to 500 metres and 1 to 2 km from the earlier geo tagged locations. Such shifting of the sites for construction of the 12 Community halls is based on the Minutes of meeting held on 04.12.2024 in the presence of the representatives or members of the Panchayati Raj Institution and general public. The committee has made a general observation that ongoing works was found to be shifted to a few distance from its original geo tagged locations which should have been avoided however, due to its harsh geographical terrain, land donation issues and keeping in view for better accessibility and prospect of greater utility by the users concern, same would have been necessitated.

10. Having considered the submissions of the parties and also considering the site verification report which was undertaken by the committee constituted to verify the allegations in respect of the implementation of construction of 12 Community halls, we are of the considered view that no public injury appears to have been caused for which any direction is warranted, in view of the fact that although the site for construction of 12 Community halls has been shifted to a few distance from its original geo tagged locations, the same appears to have been necessitated due to its harsh geographical terrain, land donation issues and keeping in view for better accessibility and prospect of greater utility that too pursuant to the meeting held by the representatives or members of the Panchayati Raj Institution and other general public. The mere shifting of the construction site to few distances from its original geo tagged location cannot be said to have been made against the public interest rather such shifting appears to have been necessitated because of the geographical terrain, land donation issues etc., which would rather be in the interest of public.

11. In view of the above, we are of the considered view that no public injury is caused by the construction of 12 Community halls under CD Block Parsi Parlo, Kurung Kumey District at sites shifted to a few distance from its original geo tagged locations nor any misappropriation of fund is discernible. Accordingly, the present PIL stands dismissed, being devoid of merit.

JUDGE JUDGE

Comparing Assistant