SHRI KRISHNO KANTA BOROOAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The order that has been put to challenge in this writ Petition is the one dated 18.10.2004, by which the Government of Meghalaya in the Law Department in the name of the Governor has dissolved the particular trust and reconstituted another Board of Trustees. According to the Petitioner, such an action is wholly illegal and not sustainable in law.

(2.) The basic facts as disclosed in the writ petition are that Late Bhola Nath Borooah, grandfather of the Petitioner was a bachelor. He was an architect in establishing 'Earl Holiday Home' at Shillong, which was earlier known as 'Earl India Sanatorium, which was established in the year 1920.

(3.) In paragraph 3 of the writ petition, the Petitioner has stated about the contribution to the society made by said Late Bhola Nath Borooah. It was in the early part of 20th century, he felt necessity to provide health care to the tourists, visitors and those persons who need such care. Keeping in mind that object, he had purchased the plot of land measuring 6.72acres at Police Bazar, Shillong. In 1920, he had constructed two Bungalows thereon, one of which was named as Borooah Cottage and another as B. Borooah Hall. Subsequently, two more Bungalows were constructed in the said plot of land, one of which was named after Rani Avoishree, who had also made contributions towards constructing the subsequent two Bungalows. The other Bungalow was known as Dalia Cottage.