SMT. KALA SARKI Vs. THE DEPUTY COMMISSIONER, EAST KHASI HILLS DISTRICT,SHILLONG

JUDGEMENT

(1.) This petition was initially registered in the year 2006 in the then jurisdictional Court i.e., Gauhati High Court, on the basis of a letter dated 11.08.2006, as addressed by the petitioner Smti Kala Sarki, stating grievance against raising of alleged unauthorized construction by the respondent No.3 Shri Naval Singh in the area falling within the jurisdiction of the Cantonment Board, Shillong.

(2.) After service of notice, the petition was taken up on 04.01.2007 when the Court took note of the submissions on behalf of the respondent No.3 that he was prepared to demolish the unauthorized construction in order to bring the building in question in conformity with the approved plan. It was observed that the Cantonment Board had already indicated the deviations made by the respondent No.3 and it was for him to carry out necessary alterations and to ensure that the construction was in accord with the approved building plan. The Court, thereafter, took note of the facts relating to the alleged encroachments and other unauthorized constructions within the area of the Cantonment Board and, looking to the need to ensure that the area in question was free from encroachments and unauthorized constructions, directed the respondent No. 2 to furnish the requisite information in the second part of the order dated 04.01.2007 that reads as under: -

(3.) Thereafter, the matter was taken up by the Court on 16.05.2007 when it was noticed from the report furnished by the Cantonment Board that there existed various unauthorized constructions and encroachments in its area. With regard to such unauthorized constructions and encroachments, the Court permitted the Cantonment Board to proceed in accordance with law while also taking assistance of such authority as permitted by law. The Cantonment Board was granted three months' time to carry out the necessary exercise. It was also brought to the notice of the Court that despite undertaking, the respondent No. 3 had not removed the unauthorized construction. In the totality of circumstances, Suo motu contempt proceedings were ordered to be initiated against the said respondent; and the contempt matter was ordered to be placed before the Court on 20.06.2007. So far this writ petition is concerned, no further order sheets of the Gauhati High Court are available on record except the one dated 06.01.2009 whereby, the matter was ordered to be placed in the second week of July, 2009 in view of an order dated 12.11.2008 (which is also not on record).