J.M. THANGKHIEW AND ORS. Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) SHILLONG Town is on the slope of the hill. More than 90% of the buildings are constructed on the adverse terrain i.e. higher hill slope and buildings are highly unsaved in Shillong agglomeration area. Landslide is the common feature in Shillong Town. Major portion of the hill in Shillong are loose soil. Shillong Town is totally different from Guwahati city located at the plain area. There are some multi -storied buildings in the plain areas of Guwahati city; even then the Gauhati High Court in a number of cases had directed to demolish the additional floors above the permitted floor. The judgments of the Gauhati High Court for demolition of the additional floors are being discussed in the later part of this judgment.

(2.) HEARD Mr. K Paul, learned counsel for the petitioners, Mr. ND Chullai, learned Sr. GA assisted by Mr. S Sen Gupta, learned GA appearing for the respondents No. 1, 2 & 4, Mr. SP Mahanta, learned senior counsel assisted by Ms. S. Pde, learned counsel appearing for the respondent No. 3, Mr. S. Muraka, learned counsel for the respondents No. 5 & 12, Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N. Mozika, learned counsel for the respondents No. 6, 10, 14, 15, 17, 18 & 22, Mr. KP Bhattacharjee, learned counsel for the respondents No. 7, 8, 11 & 19, Mr. BK Das, learned counsel for the respondent No. 9, Mr. L. Lyngdoh, learned counsel for the respondent No. 24, Mr. B. Bhattacharjee, learned counsel for the respondents No. 23 & 26 and Mr. VGK Kynta, senior counsel assisted by Mr. KK Khongjoh, Adv for respt. No. 25 and 28.

(3.) IN 1897, there was an earthquake measuring 8.7 on the Richter scale which shook Shillong resulting in about 1542 (one thousand five hundred forty two) deaths. The situation then was one in which Shillong was not the urban jungle that it is now. The Govt. of Meghalaya as well as the Meghalaya Urban Development Authority (for short 'MUDA'), Shillong the competent authority for granting permission for construction of building admitted that State of Meghalaya falls in seismic Zone -5. Byelaw 2.45 of the Meghalaya Building Byelaws, 2011 reads as follows: - -