S.S. MARBANIANG Vs. SHILLONG MUNICIPAL BOARD

JUDGEMENT

(1.) THESE writ petitions involving the same questions of facts and law praying for similar relief(s) are taken up together for disposal by this common judgment and order.

(2.) THE Shillong Municipal Board (for short 'SMB ') got a Project from the Govt. of India in Ministry of Housing and Urban Poverty Alleviation. To commence the construction, the old structures are to be demolished and for that purpose, the writ petitioners are to be shifted from those premises temporarily. This is the third round of litigation for the same prayer involving the said project i.e. for the construction of the new building or new shops by demolishing the old structures at Polo Bazar Municipal Market. Because of litigations, it appears that the project cannot be implemented.

(3.) THIS Court is of the considered view that in such circumstances, there may not be any development in Polo Bazar and the development in Polo Bazar is a must in the interest of public. There should be no unwanted sympathy for any individual, at cost of the project for the larger interest of the people. However, the Govt. should not throw out the people from the project area in an arbitrary manner. The statement i.e. Annexures -5A, 5B and 5C to the said affidavit -in -opposition filed by the respondents -SMB dated 11.04.2014 shows the names of the shop owners, who had already shifted to the temporary market. For easy reference, the statements at Annexure -5A, 5B and 5C of the affidavit -in -opposition filed by the respondents -SMB are reproduced below: -