HC summons Defence Estate Officer over Cantonment issue

SHILLONG: The High Court of Meghalaya has ordered personal presence of the Defence Estate Officer, Guwahati Circle, in the Court on February 8 with complete information on the matter of framing of uniform Building By-Laws and for relaxation in floor space index limit.
The Shillong Cantonment Lease Holders’ Association is seeking directions against the Cantonment Board for framing of uniform Building By-Laws and for relaxation in floor space index limit.
When the case came up for hearing on Thursday, the Court said that after filing of the counter affidavits by the respondents, it was given out on October 7 by the Central Government Counsel (CGC) appearing for the respondents that the matter was being examined at the level of the Defence Ministry for finalising the proposed By-Laws and at the request, the matter was adjourned for four weeks.
Thereafter, on November 15, the CGC submitted that he had not received any written communication on the matter and while expressing reservations that the CGC was not posted with complete instructions, the Court adjourned the matter while providing another opportunity to the respondents to specify the progress in the matter as regards finalisation of the proposed By-Laws.
“Today, what has been given out by the CGC is, prima facie, a sorry state of affairs,” the Court observed.
The CGC, however, submitted that he had received a letter from the office of the Defence Estate Officer dated November 30 suggesting as if the Counsel had not communicated with the office after filing of the counter affidavit in August this year whereas, as a matter of fact, the Counsel had always sought the latest information and status from the office of the Defence Estate Officer, particularly as regards the decision of the Government of India on the communication of the Cantonment Board.
The CGC rather lamented that instead of extending the requisite information, an unjustified communication has been addressed only to blame the counsel.
“Although the matter relating to the communication between the client and the counsel  is essentially required to be left between them only but, when specific information is required in the Court and the counsel seeks adjournment after adjournment and then, expresses want of information coupled with unjustified communications from the concerned office, the position remains entirely unacceptable,” the Court said.
The Court hence directed that the Defence Estate Officer, Guwahati Circle, Guwahati should  remain personally present in the Court on the next date of hearing along with the specific information as regards finalisation of the proposed By-Laws.
The matter has been listed for hearing on February 8 next.