RANA BHUSAN DEB Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) WE have heard learned counsel for the petitioner. It appears from the order dated 07.12.1985 passed by the then Deputy Commissioner that the petitioner happened to be occupant of the land since 1950 and for that reason, Shillong Municipal Board way back by the letter dated 12.04.1969 (Annexure P -I) decided to consider the request of the petitioner for settlement of land measuring 176 sq.ft. at lower Jail Road Bazar, Shillong, on the following terms and conditions:

(2.) SUBSEQUENTLY , by the Lease Deed dated 31.03.1970 (Annexure P -3), the petitioner through predecessor -in -interest was allowed to occupy and construct a shop stall measuring 11 ft. x 18 ft. on the land on question namely, Plot No. 18. The Lease Deed is also reproduced for ready reference:

(3.) HOWEVER , the Deputy Commissioner took a considerate view in the background that the petitioner had stayed over the land for about 25 years and there was a scope to have a bona fide belief that he has obtained permission and allotment from the competent authority and that the authorities were sitting in silence. It was therefore, held by the Deputy Commissioner that the said plot No. 18 measuring 176 sq.ft. in Polo Bazar be settled with Rana Bhusan Deb, petitioner herein. Now the petitioner appears to be aggrieved by the notice under Section 30 -B of the Town and Country Planning Act, 2004 (as amended) dated 29.07.2015. The said letter is also given herein below: