THE SHILLONG CANTONMENT BOARD AND ANOTHER Vs. THE STATE OF MEGHALAYA AND OTHERS

JUDGEMENT

(1.) The petitioners, Shillong Cantonment Board established under the Cantonments Act, 2006 and its Chief Executive Officer, have filed this writ petition essentially stating the grievance against the purported application of the Meghalaya Building Byelaws, 2011 over the Shillong Cantonment areas under the impugned Notification dated 23.01.2016.

(2.) It is submitted that in exercise of the powers conferred under Section 74 of the Meghalaya Town and Country Planning Act, 1973, the Government of Meghalaya had enacted the Meghalaya Building Byelaws, 2011, which were sought to be extended to the Shillong Cantonment area by a Notification dated 05.08.2015 but, such a Notification was withdrawn on 05.11.2015; but now, by the impugned Notification dated 23.01.2016, the said Byelaws, 2011 are again sought to be extended to the Shillong Cantonment area. It is contended that extending of the provisions of the Byelaws of 2011 to the areas under the jurisdiction of the Shillong Cantonment Board would result in direct overlapping of the State Law and Union Law i.e., the Meghalaya Town and Country Planning Act, 1973 and the Cantonments Act, 2006. It is submitted that the Cantonments Act, 2006 itself provides for building regulations within the cantonment areas; and in fact, within such cantonment areas, only the building regulations framed under the Cantonments Act, 2006 could apply.

(3.) With the submissions aforesaid, it is prayed in this writ petition that Clause 1.2 of the Byelaws, 2011 and the Notification dated 23.01.2016 be declared invalid and be quashed as being repugnant to the provisions of the Cantonments Act, 2006; and that by a writ of mandamus, the respondents be directed to exclude the areas under the jurisdiction of the petitioner -Shillong Cantonment Board from the ambit of the Shillong Master Plan and the Byelaws of 2011.