The Meghalaya High Court has asked a public interest litigation (PIL) petitioner to apply for interim orders after due notice to St Anthony’s Lower Primary School in Don Bosco Square, Shillong.
The petitioner, an artist and resident of Mawpun, Golflinks, Shillong, had expressed concern over the proposed demolition of the building housing St Anthony’s Lower Primary School. The building in question is an Assam-type colonial structure of significant architectural and historical value.
The petitioner sought to stop the demolition and conserve the building. The government of Meghalaya, represented by K Khan, Additional Advocate General, and the Meghalaya Heritage Authority under the Meghalaya Heritage Act, 2012, were respondents in the case.
The court considered the relevant provisions of the Meghalaya Heritage Act, 2012, particularly Section 3(2), which empowers the authority to declare a building or site as a heritage site after inviting public views.
The Division Bench of Chief Justice I P Mukerji and Justice B Bhattacharjee also noted that the authority comprises senior government officials, as mentioned in Section 6, and has the power to appoint officers to assist it under Section 8.
During the proceedings, the counsel for the petitioner, Philemon Nongbri, and Khan took the court through the relevant provisions of the Act.
However, since the school had not been issued notice, the court could not entertain the allegation of imminent demolition ex parte.
Leave was granted to the petitioner to apply for urgent interim orders, if necessary, upon due notice to the parties.
The court directed that a copy of the petition, along with an appropriate notice, be served on the school authorities by dasti service.
The authority under Section 6 was also directed to nominate a senior official to inspect the school building, conduct a preliminary inquiry, and submit a prima facie report.
Khan was requested to make submissions on the heritage status of the school building based on the inquiry report.
The PIL was made returnable on January 28, 2025.
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The petitioner, an artist and resident of Mawpun, Golflinks, Shillong, had expressed concern over the proposed demolition of the building housing St Anthony’s Lower Primary School. The building in question is an Assam-type colonial structure of significant architectural and historical value.
The petitioner sought to stop the demolition and conserve the building. The government of Meghalaya, represented by K Khan, Additional Advocate General, and the Meghalaya Heritage Authority under the Meghalaya Heritage Act, 2012, were respondents in the case.
The court considered the relevant provisions of the Meghalaya Heritage Act, 2012, particularly Section 3(2), which empowers the authority to declare a building or site as a heritage site after inviting public views.
The Division Bench of Chief Justice I P Mukerji and Justice B Bhattacharjee also noted that the authority comprises senior government officials, as mentioned in Section 6, and has the power to appoint officers to assist it under Section 8.
During the proceedings, the counsel for the petitioner, Philemon Nongbri, and Khan took the court through the relevant provisions of the Act.
However, since the school had not been issued notice, the court could not entertain the allegation of imminent demolition ex parte.
Leave was granted to the petitioner to apply for urgent interim orders, if necessary, upon due notice to the parties.
The court directed that a copy of the petition, along with an appropriate notice, be served on the school authorities by dasti service.
The authority under Section 6 was also directed to nominate a senior official to inspect the school building, conduct a preliminary inquiry, and submit a prima facie report.
Khan was requested to make submissions on the heritage status of the school building based on the inquiry report.
The PIL was made returnable on January 28, 2025.
The post appeared first on .