Bethany Society and 7 Ors v. Union of India and 12 Ors

Serial No.18 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG

WP(C). No. 16 of 2024

Date of Order :19.03.2024

¶1Bethany Society, a society registered under the Registration of Societies Act 1860 situated at Lady Veronica Lane, Laitumkhrah, Shillong, Meghalaya Represented by its Secretary, Shri. Camro Noronha, S/o (L) John Noronha, R/o Bishop Cotton Road, Shillong, East Khasi Hills District, Meghalaya.

¶2Congregation of Christian Brothers in India, A society registered under the Societies Registration Act 1860, having its registered Head office at 69, Bow Bazar Street, Calcutta, West Bengal, represented by Br. Simon Coelho, S/o Mr. Anthony Coelho, R/o St. Edmunds College, Laitumkhrah, Shillong-3, Secretary Governing Body, St. Edmund's College (Rector) of the Campus, Shillong,

¶3The society for the welfare of the disabled, a society registered under the Registration of Societies Act 1860 situated at Holy Cross Villa, Red Hill Road, Laitumkhrah, Shillong – 793003 represented by its Secretary Smti Mandakini Basu, D/o (L) S.M.Dutta, R/o Femilya, Plot No. 14 Motinagar, Shillong-793001.

¶4Divya Jeevan Foundation Society, a society registered under the Registration of Societies Act, 1860 situated at Lady Veronica Lane, Laitumkhrah, Shillong – 793003 represented by its Secretary, Smti Shabari Chaudhury, D/o (L) Swadesh Chaudhury, R/o Shibnagar College Road, Agartala, Colle Tripura – 799004.

¶5Society for Promotion of Eye Care and Sight, a society registered under the Registration of Societies Act, 1860 situated at Lady Veronica Lane, Laitumkhrah, Shillong – 793003 represented by its Secretary, Dr. J.V. Basaiawmoit, S/o (L) N.Basaiawmoit, R/o Lady Veronica Lane, Laitumkhrah, Shillong – 793003.

¶6Smti Sabita M. Dohling, D/o (L) Doreen Dohling, R/o Verinica Lane, Laitumkhrah, Shillong,

¶7Smti Mary Jessica Wankhar, D/o (L) Bibiana Wankhar, R/o Market View, Laitumkhrah, Shillong.

¶8Smti Esabella Marbaniang, D/o Jeorge Ripnar, R/o Mary Rice Centre, Veronica Lane, Laitumkhrah, Shillong,

… Petitioners

-Vs-

¶1Union of India,

Represented by the Secretary to the Govt. of India,

Ministry of Housing and Urban Poverty Alleviation,

Nirman Bhavan, New Delhi.

¶2State of Meghalaya, represented by the Chief Secretary, Govt. of Meghalaya.

¶3The Commissioner and Secretary, Road and Transport Department, Shillong, Meghalaya.

¶4The Commissioner & Secretary of Urban Affairs, Govt. of Meghalaya.

¶5The Deputy Commissioner, East Khasi Hills, Shillong.

¶6Meghalaya Urban Development Authority, represented by its Secretary, Shillong.

¶7The Commissioner and Secretary, Labour and Social Welfare Department, Shillong.

¶8The Under Secretary (Works), Govt. of Meghalaya, Public Works (R&B) Department, Shillong.

¶9The Chief Engineer (NH), PWD (Roads), Meghalaya, Shillong.

¶10The Executive Engineer (Roads), Public Works Department, Central Division,

¶11The Chief Executive Officer, Shillong Municipal Board, East Khasi Hills District, Meghalaya.

¶12The Town Vending Committee, Shillong, East Khasi Hills District, Meghalaya.

¶13National Cadet Corps, represented by its Director General, Pocket 8, Block B, Sector – 19, Rohini, New Delhi – 110089.

…Respondents.

Coram:

Hon'ble Mr. Justice H.S.Thangkhiew, Judge.

Appearance: For the Petitioner/Appellant(s) : Mr. K.Paul, Sr. Adv. with

Mr. S.Chanda, Adv.

For the Respondent(s)

: Ms. S.Rumthao, Adv. vice

Dr. N.Mozika, DSGI for R 1.

Mr. K.P.Bhattacharjee, GA for

R 2-5, 7-10. Mr. Philemon Nongbri, Adv. for R 6&12.

i) Whether approved for reporting in

Law journals etc:

ii) Whether approved for publication

in press:

ORAL

¶1An affidavit has been filed by the State respondents indicating that presently no concrete steps have been taken for shifting the hawkers as claimed by the writ petitioners.

¶2In that view of the matter, at this stage nothing remains for consideration. However, Mr. K.Paul, learned Sr. counsel assisted by Mr. S. Chanda, learned counsel for the petitioners submitted that before any such other exercise is undertaken, consultation process should be gone into as to involve other stake holders who might be affected by any relocation.

¶3The submission is noted, it is expected that before any further action is initiated, the same should involve the petitioners herein and further that the process should be in accordance with law.

¶4Matter accordingly stands disposed of.

Judge

Meghalaya

19.03.2024 "Samantha PS"