Meghalaya High Court: In a Public Interest Litigation stating that St. Anthony’s Lower Primary School was run in an Assam-type colonial structure of significant architectural and historical value and which was fit to be declared as a heritage building, the Division Bench of IP Mukerji, CJ and W. Diengdoh, J. noted that the School building was entirely demolished even before the consideration of the PIL by the Court. The Court directed that no further activity with regard to demolition, construction, or alteration of the existing building of the said School shall be carried out until further orders of the Court.
The Bench said that it was expected from the School that when they were served notice, their presence would be required in Court, considering that the State was directed to inquire into the status of the building, the School would not make the exercise infructuous by proceeding with the demolition work.
The Bench said that although there was no formal order restraining the demolition of the building, but the act prima facie was most daring challenge thrown to the authority of the Court and interference with the administration of Justice, amounting to criminal contempt. We take cognizance of it as one on the face of the Court. Hence, the Court also issued a notice under the Contempt of Courts (High Court of Meghalaya) Rules, 2013 to the Don Bosco Technical School Shillong management, returnable on 24-02-2025 to show cause as to why they should not be punished for criminal contempt of this Court by being presently present at the first sitting of the Court.
The Court considered the issue of whether the School building was heritage and should be preserved, by stalling its demolition and restructuring.
Earlier, vide order dated 9-12-2024, the Court directed the State to inspect and conduct an inquiry under the Meghalaya Heritage Act, 2012, and submit a report on the heritage value of this building. Perusing the report, the Court noted that the School overlooks Don Bosco Square where the statue of Don Bosco is located. The Court said that the Don Bosco Square is a very important and popular public place in Shillong. Further, according to the report the building as such does not classify to be declared as heritage. However, on a combined view of the Square, the statue of Don Bosco, and the façade of the school facing it, the recommendation of the Joint Director and Member of the Meghalaya Heritage Sub-Committee Urban Affairs, Meghalaya was that the building should be listed as a heritage building under the said Act. It was recommended that the State should issue necessary directions with regard to “construction” or “alteration” concerning the building.
[Raphael Warjri v. State of Meghalaya, PIL No.11/2024, decided on: 28-01-2025]
Advocates who appeared in this case:
For the Petitioner : Mr. Philemon Nongbri, Adv with Mr. R. Pahsyntiew, Adv
For the Respondents : Mr. K. Khan, AAG with Mr. E.R. Chyne, GA Mr. P.A. Dohkrut, Adv
