PRINCIPAL, ST. ANTHONY’S COLLEGE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THIS writ petition shows the heavily polluted water of a natural stream, west end of the St. Anthony 's College butted to that stream, running towards Wahumkhrah River. That natural stream is a tributary of Wahumkharah River. The ''Doctrine of Public Trust '' is required to be considered in the present writ petition.

(2.) HEARD Mr. S Sen, learned counsel for the petitioner and Mr. ND Chullai, learned Sr. GA assisted by Mr. S Sen Gupta, learned GA appearing for the respondents No.1 -3, Mr. K Baruah, learned counsel for the respondents No.4 & 5 and Mr. GS Massar, learned senior counsel assisted by Mr. J.M. Thangkhiew, learned counsel appearing for the respondents No.6 & 7.

(3.) ON 17.07.2009, the petitioner wrote a letter to the Deputy Commissioner (Revenue) i.e. respondent No.3, intimating the illegal and unauthorized construction made by the respondents 6 & 7 over the said natural stream and a copy thereof was also forwarded to the Secretary (Revenue), Meghalaya Secretariat, Shillong i.e. respondent No.1. Pursuant to the said complaint, a survey was conducted by Smti. R.R. Marak, MCS on 21.07.2009 in the presence of the petitioner, respondents No.6 and 7 and other college authorities. It is also stated that on 24.07.2009, the respondents No.6 & 7 met the college authorities and in that meeting, the college authorities had clearly communicated to the respondents No.6 & 7 that the illegal encroachment and construction over the said natural stream is an environmental hazard and would adversely affect the boundary wall of the college premises. Respondent No.7 under his letter dated