JAIL ROAD WELFARE COMMITTEE Vs. SHILLONG MUNICIPAL BOARD

JUDGEMENT

(1.) By this writ petition, the petitioner-association is praying for quashing the policy/administrative decision of the State respondents as well as the Shillong Municipal Board (for short "SMB") for shifting the Jail Road Evening Market to the PWD roadside leading to the Jail Road Govt. Boys School by constructing the temporary stalls only for a period of twelve months for the development of the old and dilapidated stalls of the Jail Road Evening Market.

(2.) Heard Mr. K Paul, learned counsel for the petitioner-association and Mr. ND Chullai, learned Sr.GA assisted by Mr. R Gurung, learned GA appearing for the respondents No.3 & 4, Mr. K Baruah, learned counsel for the respondents No.1 & 2 and Mr. S Sen, learned counsel for the respondent No.5.

(3.) Factual background:- The petitioner No.1 is a society registered under the Meghalaya Societies Registration Act, 1983 having its registered office at Jail Road, Shillong, East Khasi Hills District, Meghalaya and the society was formed by the residents of Jail Road to look after their general welfare and amelioration of its members and the residents of the area in general. Sometime in the year 2010, the Govt. of Meghalaya, Urban Affairs Department entered into an agreement with the respondent No.5-M/s H.M. Cements Pvt. Ltd. for development of the Shillong Municipal Board compound situated at Jail Road, Shillong and in pursuance thereto executed a lease in favour of the respondent No.5 in respect of the old Shillong Municipal Board Compound under Public Private Partnership (PPP) method. Some of the residents of Jail Road got information that shifting the existing old and dilapidated stalls of Jail Road Evening Market temporarily to PWD roadside leading to the Jail Road Govt. Boys School would cause great disturbance to the general public because of the narrow road and other issues; thereafter, on the objections raised by the members of the petitionerassociation on 11.08.2012 there was a joint inspection of the said area where the existing stalls of Jail Road Evening Market were to be shifted temporarily by constructing temporary stalls. In that inspection, the members of the petitioner-association had vehemently objected to the said decision/policy of the State respondents as well as the SMB.