Shillong: The Meghalaya High Court on Monday instructed the management of St. Anthony’s Lower Primary School to construct a new building with architectural plans and designs that are substantially similar to those of the former structure.
The bench comprising Chief Justice IP Mukerji and Justice W Diengdoh, in its order passed after hearing a PIL, said, “Considering all the above facts, we permit the school management to rebuild but the plan and architecture of the building should be more or similar to the demolished one. If the approved plan has to be revised, it may be so done and duly approved by the Meghalaya Urban Development Authority.”
“The management may proceed with the reconstruction work but shall not create any third party rights by transfer, creating encumbrance or parting with possession of the property without the leave of the Court,” it added.
The division bench also heard the five contemnors of the Don Bosco Technical School management who told the court that the 72-year-old school building, which was built between 1949 and 1952, was found to be structurally very weak in 2024 and hence needed large scale restructuring, rebuilding and renovation.
According to the contemnors, the building showed signs of tilting by the end of 2024, necessitating ‘urgent and immediate action’ to avert potential disasters.
While the Meghalaya Development Authority approved the plan for the restructuring and rebuilding, it did not raise any question with regard to heritage, the contemnors said.
The court, however, raised questions about why the authorities had to demolish the school when the court was on vacation.
Referring to the order passed on December 9, 2024, that the Meghalaya Heritage Authority was directed to inspect and make a preliminary inquiry report of the school, the court said, “The school management had full knowledge of it. The Court despite being closed for the Christmas vacation had a vacation bench sitting periodically. Why the allegedly imminent danger to the building and the need to demolish it were not brought to the notice of the vacation bench and appropriate leave obtained to demolish the building? When the matter was made returnable on the very next day of reopening of the Court on 28th January 2025, why during the vacation of the Court, the building had to be demolished, when it was allowed to stand for all this while?”
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The bench also directed the contemnors to file an affidavit in regards to the queries of the court by March 17, before the next hearing on March 19, 2025.
