The petitioner has sought the conservation of St. Anthony’s LP School building by stopping the demolition of the ‘colonial structure of significant architectural and historical value’
By Our Reporter
SHILLONG, Dec 9: The High Court of Meghalaya has directed the Meghalaya Heritage Authority to nominate a senior official to inspect the St. Anthony’s Lower Primary School building located at Don Bosco Square, make the necessary preliminary inquiry, and prima facie report to the authority.
The directive under Section 6 of the Meghalaya Heritage Act of 2012 came from a Division Bench of the court comprising Chief Justice IP Mukerji and Justice B Bhattacharjee after a public interest litigation was filed by an artist living in Mawpun, Golflinks.
The petitioner, Raphael Warjri said he is concerned about the Assam-type building from which St. Anthony’s LP School is run. He said the school management has proposed to demolish the building, a colonial structure of significant architectural and historical value. He sought the conservation of the building by stopping the demolition.
K Khan, Additional Advocate General, represents the state government as well as the Meghalaya Heritage Authority.
Although the school is a party, it has not been sent any notice. Philemon Nongbri, the petitioner’s counsel, and Khan took the court through the relevant provisions of the said Act, specifically Section 3(2) empowering the authority to invite views from the public on whether or not a building or site should be given the heritage tag.
Upon consideration of the objections and suggestions received, the authority proceeds to decide the matter. The constituents of the authority are senior government officials. Section 8 of the Act empowers the authority to appoint any officer to assist it.
Nonbgri submitted that the school is actively proceeding to commence demolition work. In the absence of a notice to the school, the Bench was unable to entertain this allegation ex parte.
However, leave was given to the petitioner to apply before the court if any urgent interim order is necessitated upon due notice to the parties. Considering the submissions made, the court directed that a copy of the petition along with an appropriate notice be served by the advocate-on-record for the petitioner upon the school authorities and an affidavit of service affirmed and filed in court before the returnable date.
On the prima facie case made out in the petition and in the submissions made by Khan, the Bench directed the authority under Section 6 to nominate any senior official to inspect the school building, make inquiries, and report to the authority.
Khan was requested to submit the heritage status of the school building to enable the court to pass further orders in the petition.