NIVA MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Ms. S.G. Momin, learned counsel for the petitioners and Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned counsel for the respondents.

(2.) FACTUAL BACKGROUND: -The petitioners had received an impugned Notice dated 06.12.2013 issued by the Superintendent Tura Civil Hospital, West Garo Hills, Tura asking the petitioners to dismantle their houses and vacate the land occupied by them as the land is required for construction of a sewage disposal tank for the Hospital in the interest of public health within a period of 14 (fourteen) days from the date of issue of the said notice. Being aggrieved by this notice, the petitioners filed the present writ petition.

(3.) THE further case of the petitioners in the writ petition for challenging the said impugned notice dated 06.12.2013 was that the Superintendent Tura Civil Hospital, West Garo Hills, Tura is not the competent authority for issuing the impugned Notice dated 06.12.2013 asking the petitioners to vacate the said land. For evicting the petitioners from the said land -in -question, the respondents have to follow the procedures prescribed for eviction under the "Meghalaya Public Premises (Evictions of Unauthorized Occupants) Act, 1980 (for short 'the said Act of 1980').