Meghalaya Urban Development ... vs J.M. Thangkheiw And 5 Ors
2021 Latest Caselaw 2252 Gua

                                                                    Page No.# 1/7

GAHC010139392021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Review.Pet./77/2021

            MEGHALAYA URBAN DEVELOPMENT AUTHORITY
            REP. BY THE SECRETARY, MUDA, SHILLONG, MEGHALAYA, PIN- 793001.



            VERSUS

            J.M. THANGKHEIW AND 5 ORS.
            ADVOCATE, MEGHALAYA HIGH COURT.

            2:GILBERT ANTHONY DKHAR
            ADVOCATE
             MEGHALAYA HIGH COURT.

            3:RIJIDLANG KHARSYAD
            ADVOCATE
             MEGHALAYA HIGH COURT.

            4:LALSOLOMON DARNEI
            ADVOCATE
             MEGHALAYA HIGH COURT.

            5:THE STATE OF MEGHALAYA
             REP. BY THE SECRETARY TO THE GOVT. OF MEGHALAYA
             SHILLONG
             PIN- 793001.

            6:B.D. MARBANIANG
             R/O- DEMSEINIONG
             LAITUMKRAH
             SHILLON

Advocate for the Petitioner   : MR. JYOTIRMOY ROY
                                                              Page No.# 2/7

Advocate for the Respondent : AG, MEGHALAYA




           Linked Case : PIL/25/2018

          SHRI J.M. THANGKHIEW
          ADVOCATE
          PRACTICING ADVOCATE OF THE HIGH COURT OF MEGHALAYA AND
          OTHER SUBORDINATE COURTS
          HIGH COURT OF MEGHALAYA
          SHILLONG-793001
          EAST KHASI HILLS DISTRICT
          MEGHALAYA

          2: SHRI GILBERT ANTHONY DKHAR
          ADVOCATE
          PRACTICING ADVOCATE OF THE HIGH COURT OF MEGHALAYA AND
          OTHER SUBORDINATE COURTS
           HIGH COURT OF MEGHALAYA
           SHILLONG-793001
           EAST KHASI HILLS DISTRICT
           MEGHALAYA

          3: SHRI RIJIEDLANG KHARSYAD
          ADVOCATE
          PRACTICING ADVOCATE OF THE HIGH COURT OF MEGHALAYA AND
          OTHER SUBORDINATE COURTS
          HIGH COURT OF MEGHALAYA
          SHILLONG-793001
          EAST KHASI HILLS DISTRICT
          MEGHALAYA

          4: SHRI LALSOLOMON DARNEI
          ADVOCATE
          PRACTICING ADVOCATE OF THE HIGH COURT OF MEGHALAYA AND
          OTHER SUBORDINATE COURTS
          HIGH COURT OF MEGHALAYA
          SHILLONG-793001
          EAST KHASI HILLS DISTRICT
          MEGHALAYA
          VERSUS

          THE STATE OF MEGHALAYA
          REPRESENTED BY THE CHIEF SECRETARY
          GOVT. OF MEGHALAYA
                                                Page No.# 3/7

SHILLONG

2:COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
 GOVT. OF MEGHALAYA
 SHILLONG
 3:THE MEGHALAYA URBAN DEVELOPMENT AUTHORITY
 SHILLONG
REPRESENTED BY ITS SECRETARY
 SHILLONG
 4:THE DEPUTY COMMISIONER (REVENUE)
EAST KHASI HILLS DISTRICT
 SHILLONG
 5:SHRI NARAYAN PRASAD JHUNJHUNWALA
R/O - POLICE BAZAR
 SHILLONG
 6:SHRI NILESH TIBERWALLA
R/O THANA ROAD
 POLICE BAZAR
 SHILLONG
 7:SHRI SATYABRATA BAIDYA
R/O JAIL ROAD
 SHILLONG
 8:SHRI AJIT DAS GUPTA
R/O JAIL ROAD
 SHILLONG
 9:SHRI BIDUR DAS
R/O JAIL ROAD
 SHILLONG
 10:SHRI UDAY N. SHUKLA
R/O OAKLAND
 SHILLONG
 11:SHRI RAJ KUMARI SINHA
R/O BIVAR ROAD
 SHILLONG
 12:M/S MENTOK RI-PROJECT PVT. LTD.
BIVAR ROAD
 SHILLONG
 13:SHRI MARUF ELAHI
R/O BIVAR ROAD
 SHILLONG
 14:SMTI BEROLINE KHONGSHEI
R/O LABAN
 SHILLONG
 15:SHRI MOHENDRO RAPSANG
R/O KEATING ROAD
 SHILLONG
 16:SMTI SAINI PALA
                                                              Page No.# 4/7

R/O MOTINAGAR
SHILLONG
17:SHRI SANJIB DAS
R/O G.S. ROAD
POLICE BAZAR
SHILLONG
18:MANCHIN FINCON PVT. LTD.
R/O JAIL ROAD
SHILLONG
19:SHRI KENNETH M. LYNGDOH
R/O BIVAR ROAD
SHILLONG
20:SHRI SANJAY JHUNJHUNWALLA
R/O BIVAR ROAD
SHILLONG
21:SHRI MODRICK NONGKYNRIH
R/O BISHOP COTTON ROAD
SHILLONG
22:SHRI B.D. MARBANIANG
R/O DEMSEINIONG LAITUMKHRAH
SHILLONG
23:SHRI LAMBOK MYLLIEMNGAP
R/O MOTINAGAR
SHILLONG
24:DR. (MRS) T.A. SOHKLET
R/O LUMMAWRIE
LAITUMKHRAH
SHILLONG
25:SHRI ALLEN WOOD SWER
R/O FIRE BRIGADE
LAITUMKHRAH
SHILLONG
26:SECRETARY
ISLAMIA SECONDARY SCHOOL
G.S ROAD
SHILLONG
27:SHRI P. DKHAR
R/O LABAN
SHILLONG
28:SHRI NICHOLAS WALLANG
R/O BOYCE ROAD BEHIND ST. ANTHONY'S COLLEGE
SHILLONG
------------
Advocate for : G.S. MASSAR
Advocate for : MR. P BARUAH (R18) appearing for THE STATE OF MEGHALAYA
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                               BEFORE
                     HONOURABLE THE CHIEF JUSTICE
                 HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                    ORDER

20-09-2021

The matter is taken up through video conferencing.

Heard Mr. J. Roy, learned counsel for the review petitioner. Also heard Mr. K. Paul, learned counsel appearing for the State of Meghalaya. This review petition has been filed before this Court by the Meghalaya Urban Development Authority (hereinafter referred to as "MUDA") with a prayer to review the judgment and order dated 16.08.2019 passed by a Division Bench of this Court in a PIL No. 25/2018.

The facts of the case are that a PIL was filed before the Meghalaya High Court where the concern raised in the PIL was that many builders in Meghalaya were raising construction of commercial and residential buildings which are in total violation of the building laws. The details of these buildings and their builders were also given. This PIL, being PIL No. 1/2014 was disposed of by the Meghalaya High Court by order dated 28.09.2015 directing demolition of some floors constructed by the private respondents/builders. Three Special Leave Petitions were then filed before the Hon'ble Supreme Court against the aforesaid order of the Meghalaya High Court, which were registered as SLP (C) 28659/2015, SLP (C) 28686/2015 and SLP (C) 20017/2016. Ultimately the Hon'ble Supreme Court transferred PIL No. 1/2014 to the Gauhati High Court as no Division Bench was available in the Meghalaya High Court at that time. On such transfer of the PIL (PIL 1/2014), the PIL was registered before the Gauhati High Court as PIL No. 25/2018. There were twenty-four private Page No.# 6/7

respondents in the said PIL. The PIL was finally disposed of by a Division Bench of this Court on 16.08.2019 directing partial demolition/dismantling of the illegal constructions of the buildings which were the subject matter of the PIL. This was done more than two years back.

At this juncture, it may also be stated that earlier an Interlocutory Application, being I.A. (Civil) No. 3618/2019,was filed before this Court by one of the builders, namely, M/s Mento Ri-Rroject Pvt. Ltd., who was respondent no. 12 in PIL 25/2018, saying that subsequent to the order of this Court, a detailed survey was conducted by the builder and the MUDA authorities and they came out with certain suggestions which may be incorporated in the order dated 16.08.2019 passed in PIL 25/2018 and, accordingly, the prayer was made that the order dated 16.08.2019 may be modified/reviewed. This review petition, which had come up as an "Interlocutory Application", was dismissed by this Court on 09.03.2021 on grounds of limited jurisdiction in a matter of review which has to be dealt with in view of the provisions of Order 47, Rule 1 CPC. Now, after more than two years, another review petition has been filed before this Court by the Meghalaya Urban Development Authority. The builder is not before this court. No effort has been made by review petitioner to show as to why this review petition has been filed so belatedly. All that is being tried to be shown to us is that there is actually a typographical error in paragraph 21 of the order dated 16.08.2019 passed in PIL 25/2018 as, actually, in the said paragraph under the column "Remarks & Recommendations", instead of the words "Basement, Ground + 3 floors for Commercial (Hotel)" it should be "Basement, Ground + 3 floors for Commercial (Hotel) use with Basement Floor Parking".

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Not only does this petition has no merit but if we interfere in any manner at this belated stage, it will give a cause to many other builders who will then come up before us with a similar change of plan of their building, which will frustrate the very purpose of the PIL and the order passed therein. The order dated 16.08.2019 was passed by a Division Bench of this Court after a great deal of deliberation. From the perusal of the records we find that during the course of hearing of the PIL, in order to reach the truth of the matter the Division Bench of this Court had requisitioned the services of the technical wing of the Meghalaya Urban Development Authority and it was directed to examine the building plans including the revised plans and to suggest whether such buildings can be allowed to remain in their present forms or the entire building or part thereof needs to be demolished. Thereafter a detailed survey was conducted by an expert committee of the Meghalaya Urban Development Authority and a report was filed indicating the deviations from the approved plans and this expert committee also suggested certain measures in respect of each of the buildings. It was based on this report that the order dated 16.08.2019 was passed by this Court. Now, any interference at this stage, which may result in change of plan of building, will have long term consequences which will frustrate the order dated 16.08.2019 passed by this court and for this reason as well no interference is called for with the order dated 16.08.2019 passed in PIL 25/2018.

In view of the above, the review petition is dismissed.

JUDGE

Comparing Assistant