AGNES KHARSHIING Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) BY this PIL, the petitioner is challenging the policy decision of the Govt. of Meghalaya, for public welfare which directly or indirectly improves the living standards of not only Civil Officers working under the Govt. of Meghalaya but also the residents of New Shillong Township and also neighbouring areas of New Shillong Township (for short 'NST') in issuing the allotment order dated 18.08.2008 for allotting a plot of land measuring 45.01 acres in the NST in favour of the respondent No. 7 i.e. the Civil Services Officers Housing Cooperative Society Limited. The questions call for consideration in the present PIL are (i) whether the allotment of land to the respondent No. 7 under the policy decision of the Govt. of Meghalaya for public welfare is within realm of public purpose? (ii) what is the scope of judicial review for interference if the scheme comes within the realm of public purpose? and; (iii) is the judicial interference permissible when the action of the State Govt. for distribution of State largesse for the public welfare come within the realm of public purpose?

(2.) HEARD petitioner in person as well as Mr. BP Todi, learned Addl. Advocate General, Meghalaya assisted by Mr. KP Bhattacharjee, learned GA appearing for the respondents No. 1, 2, 3, 5 & 6, Mr. SP Mahanta, learned counsel for the respondent No. 4 and Mr. HS Thangkhiew, learned senior counsel assisted by Mr. N Mozika, learned counsel appearing for the respondent No. 7.

(3.) IN response of the aforesaid application under RTI, the Deputy Secretary to the Govt. of Meghalaya, Urban Affairs Department under this letter No. UAU.143/2007/145 dated 23.04.2012 furnished information regarding above queries on 3(c)(i) and (ii). It was further stated that regarding information on 3(c)(iv)(v)(vi)(vii), the same has been transferred to the Revenue Disaster Management for providing the required information. It was further stated that regarding 3(c)(ix)(x)(xi)(xii), it had been transferred to Public Information Officer and Additional Deputy Commissioner (Revenue) East Khasi Hills District, Shillong for providing information as the payment to land owner and Power of Attorney holder was made by the office of the Deputy Commissioner. Further, with regard to information regarding 3(c)(iii) and (iv) as the petitioner desired to inspect first before taking copies, the petitioner was called upon to inspect the documents on any day during office hours.