Unauthorized constructions may be regularized if mitigating measures bring them into conformity with building bye-laws. The power to remove developments "otherwise" than demolition includes dismantling. Planning authorities must strictly perform mandatory site inspections to prevent unauthorized deviations from sanctioned plans.

JUDGMENT :

A.K. Goswami, J.

Heard Mr. K. Paul, learned counsel for the petitioners. Also heard Mr. N. Dutta, learned Senior counsel, assisted by Mr. J. Roy, learned counsel, appearing for respondent No.3, Meghalaya Urban Development Authority (MUDA); Mr. D. Senapati, learned counsel, appearing for respondent No.5; Mr. S.S. Dey, learned Senior counsel, assisted by Mr. D.J. Kapil, learned counsel, appearing for respondent Nos.6, 12, 13, 14 & 20; Mr. H. Bezbaruah, learned counsel appearing for respondent Nos.7 and 8; Mr. K.N. Choudhury, learned Senior counsel appearing for respondent Nos.10 and 18; Mr. P. Nongbri, learned counsel appearing for respondent Nos.15, 19, 22 & 28 and Mr. K. Kharmawphlang, learned counsel appearing for respondent No.16.

2. Four practicing advocates of the High Court of Meghalaya had filed a Public Interest Litigation (PIL) on the issue of construction of high-rise buildings, multistoried buildings, skyscrapers, which they contend, has raised concern as the State of Meghalaya being placed at Zone-5 of seismic activity, the city of Shillong may experience earthquakes which can go up to 8/9 on the Richter scale. It is stated that though on inquiries being made the petitioners were informed that building permissions had been issued in conformity with Meghalaya Building Bye-Laws, 2011, framed under Meghalaya Town and Country Planning Act, 1973, because of rapid rise in number of high-rise buildings, multi-storied buildings, skyscrapers, etc., they doubt as to whether due procedures and norms are being followed by the concerned authority in respect of issuance of clearance/permission including inspections. It is pleaded that haphazard grant of permission/clearance in a mechanical manner for construction of multi-storied buildings extending beyond 4(four) storey in and around Shillong requires a serious look as in the event of an earthquake, collapse of buildings may lead to huge loss of human lives and property. The PIL was registered as PIL No.1/2014 in the High Court of Meghalaya.

3. While entertaining the PIL, an interim order dated 11.04.2014 was passed by the High Court of Meghalaya providing that no further construction shall be raised in private buildings in the city of Shillong beyond Ground+3. During the course of proceedings on 04.09.2014, taking note of the submission of the learned counsel for the PIL petitioners that interim order dated 11.04.2014 was violated, a Committee was constituted with the Deputy Commissioner/In-Charge Deputy Commissioner, East Khasi Hills, Shillong, as the Chairman with the following terms of reference:-

(i) How many of the high rise buildings, which are now under constructions, are constructing in strict compliance with the permissions granted by the authority;

(ii) If there be any violation of the permissions granted by the authority in the ongoing constructions, necessary steps should be taken up by resorting to the provisions under the Meghalaya Town & Country Planning Act, 1973 and also the Meghalaya Building Bye Laws, 2011 i.e. by immediately sealing the unauthorized part of constructions with the help and assistance of the concerned authority i.e. the Deputy Commissioner/In-Charge Deputy Commissioner/ Chairman he/she and the concerned Superintendent of Police;

(iii) If necessary, criminal proceeding shall also be taken against the owners who had constructed the buildings in violation to the permissions granted to them.

4. The Committee submitted its report and identified certain buildings, both residential and commercial, which were constructed in violation of the building bye-laws in force as well as permission granted. The owners/builders of such buildings were arrayed as party respondents. After hearing the parties, the PIL was closed by an order dated 28.09.2015. In paragraphs 56 to 60, the High Court of Meghalaya had observed as under:-

56. For the foregoing reasons and discussions, this Court is of the considered view that there is no alternative except to order