SHILLONG, SEPT 28: Meghalaya high court has ordered demolition of the additional floors of high rise building above G+3 illegally constructed by those found to have violated the building bye-laws within 15 days even as it directed the CBI to register preliminary enquiry against MUDA official(s) who granted permissions for the constructions of the respondents.
In an order passed on Monday by the Meghalaya high court chief justice Uma Nath Singh said after foregoing reasons and discussions, the court is of the considered view that there is no alternative except to order demolition of the additional floors of the buildings above G+3 illegally constructed by the respondents No.5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 25,27 & 28.
The order direct MUDA to demolish the illegally constructed high rise building with a directive that it shall seek the assistance of the Deputy Commissioner (Revenue), East Khasi hills district, and Superintendent of Police, East Khasi hills district and if need be the para military forces to carry out the direction of demolition of additional floors of the buildings above G+3 illegally constructed by the private respondents No.5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20, 22, 23, 25, 27 & 28 within 15 days from today.
The order said the particulars of the illegally constructed floors of buildings of the private respondents No. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 25, 27 & 28 to be demolished are already mentioned in para 18 for respondent No.5, para 19 for respondent No.6, para 20 for respondent No.7, para 21 for respondent No.8, para 22 for respondent No.9, para 24 for respondent No.10, para 25 for respondent No.11, para 27 for respondent No.12, para 28 for respondent No.13, para 30 for respondent No.14, para 32 for respondent No.15, para 34 for respondent No.16, para 38 for respondent No.18, para 39 for respondent No.19, para 40 for respondent No.20, para 42 for respondent No.22, para 43 for respondent No.23, para 45 for respondent No.25, para 48 for respondent No.27 and para 49 for respondent No.28.
The order also said that the entire expenses incurred in demolishing the illegally constructed floors shall be borne by the private respondents No.5, 6, 7, 8, 9, 10, 11, 12,13, 14, 15, 16, 18, 19, 20, 22, 23, 25, 27 & 28 in proportion to the expenses incurred in demolishing their respective illegal constructions.
The court order also said that the seals of the buildings of the private respondents are to be broken only for the purpose of demolishing the illegally constructed floors above G+3. Both the Deputy Commissioner (Revenue), East Khasi hills district and Superintendent of Police, East Khasi hills district shall ensure maintenance of security as well as law and order during the demolition drive of illegally constructed floors above G+3 of the buildings in question.
The court also ordered MUDA not to issue Completion Certificates under Byelaw 9 and Occupancy Certificates under Byelaw 10 till the floors illegally constructed by the private respondents- i.e. respondents No.5-28- are completely demolished. It also said that the interim order(s) passed earlier shall stand merged with this final judgment and order.
The order further stated that considering the rampant irregularities in granting the permissions for construction of buildings by MUDA officials, it would not be in the public interest to let the erring officials go scot-free. It said the records for granting permissions to the respondents No. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 & 28 have already been sealed by the Superintendent of Police, CBI, Shillong as ordered by the court.
The order directed the CBI to register PE against the officers of MUDA who have granted permissions for constructions to the above respondents which have benefitted the said respondents and also others whose buildings could not be brought to the notice of the court during the consideration of this case.
The order said the CBI shall also proceed against such builders and other persons who have been or were likely to be benefitted by such acts of commission and omission on the part of the officers of MUDA during the course of enquiry/investigation of the PE.
The court order directed the CBI to find out from the records of MUDA apart from the present cases, how many more such cases of illegal constructions presently existing in the city of Shillong, the building owners/builders who have benefitted by the acts of commission and omission on the part of officers of MUDA.
The order said report shall be submitted to the court on October 15, 2015 to find out as to whether the erring officers of MUDA and building owners/builders are required to be prosecuted in the interest of justice.
But the court said on the point of criminal liability of officers and others, the office of the court shall register a criminal petition which shall be listed on October 15, 2015 before appropriate court for consideration and appropriate orders.-By Our Reporter
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