By Our Reporter
SHILLONG: The State Government’s decision to construct a new Assembly complex at Tara Ghar on Monday suffered a twin blow when a Division Bench of the Gauhati High Court admitted a PIL against the proposed move, even as the court also stayed the demolition of the building while responding to a separate petition.
The PIL was filed by Informed Conscious and Responsible Existence (ICARE) challenging the move of the State Government to demolish Tara Ghar to pave way for construction of an Assembly complex.
Earlier in the day, the Division Bench after hearing a separate petition, also filed by ICARE, also stayed demolition of the bungalow, which used to be the official residence of Meghalaya’s chief ministers.
The PIL was filed by legal counsel SS Dey and VGK Kynta on behalf of ICARE, which was represented by its president Toki Blah.
While admitting the PIL, the Division Bench, comprising Justice T Vaiphei and Justice PK Saikia, fixed December 3 as the next date of hearing.
While hearing the separate petition, the Division Bench issued a stay order even as directing the Government to file written objection against the prayer for stay.
While issuing the stay order, Justice Vaiphei said, “In the meantime, no demolition of Tara Ghar will be done”.
Justice Vaiphei also directed the State Government to take steps for expansion of the city which is already overcrowded.
“The city which is already congested cannot afford to have massive construction like the Assembly complex in the heart of the city,” Justice Vaiphei said.
The next hearing of this petition will take place on November 12.
In the PIL, ICARE president Toki Blah demanded that the Tara Ghar should be declared as a ‘heritage site’ in compliance with the Meghalaya Heritage Act, 2012.
“The Government decision to demolish the bungalow is against the provisions of rules of Executive Business of the State Government. The Government has not consulted various concerned departments like Urban Affairs and Forest and Environment department before handing over the land to the Assembly Secretariat. It is necessary for the Government to consult the various concern departments before such major decision,” Blah said.
While highlighting on the background of the bungalow, he said that Tara Ghar bungalow is 138 years old construction which originally belonged to Major FT Pollock who had dug the Ward’s Lake (Nan Palok).
“After deciding to leave the country in 1872, Major Pollock sold the property to one Mohammed Zamiuddin who was working as the Munsif in the Deputy Commissioner’s office. In fact, Zamiuddin is the first Indian who owned a property inside the European Ward,” ICARE president observed. Earlier, Assembly Speaker Charles Pyngrope said that there was no fresh decision to shift the location of the new Assembly complex from Tara Ghar.
“The High Powered Committee (HPC) has approved the site at Tara Ghar for constructing the new Assembly Complex and there is no new decision to change the location,” Pyngrope had stated.
He further said that it is the HPC which has to decide if the site has to change. Meanwhile, Pyngrope informed that the construction of the new Assembly complex is still being examined by the State Finance department.
“We had submitted the project proposal to the Finance department some time ago. Perhaps the department is taking time to examine the matter since there is a huge financial involvement in this project,” he said. It may be mentioned that the HPC which includes the Speaker of the Assembly, the Chief Minister, Leader of the Opposition amongst others, had in 2009 accepted the government land at Tara Ghar for constructing the new Assembly complex. In 2010, the State Government had handed over the land at Tara Ghar to the Assembly Secretariat for constructing the new Assembly building.
However, the decision, which was welcomed by social organisations under the umbrella of the Steering Committee Against Murder of Democracy (SCAMOD), was opposed by other groups and individuals. The Meghalaya Government Construction Corporation (MGCC) had in March last year said that the 6.4-acre plot at Tara Ghar would include only about 28 per cent of the built-up area while the remaining 72 per cent would be made available for vehicular parking and landscaping. It also claimed that only about four per cent of the trees located in and around Tara Ghar would be felled for constructing the Assembly complex. The 41-ft high complex will have five floors including a water treatment plant, sewage treatment plant and facilities for rainwater harvesting. Since January 9, 2001 when an inferno gutted the picturesque and historical Assembly building at Khyndai Lad, Meghalaya has not been able to have a new Assembly House.