The Meghalaya High Court, in a noteworthy ruling, has granted permission to St. Anthony’s Lower Primary School to reconstruct its building while ensuring that the new structure closely resembles the original architecture. The directive comes after a public interest litigation (PIL) was filed concerning the demolition of the school building.
The verdict was delivered by a division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh, who emphasized that while the rebuilding can proceed, the architectural integrity of the former structure must be preserved.
Court’s Directives on Reconstruction
The bench ruled that the school management must ensure that the new building’s architectural plans and design remain substantially similar to the previous structure. The order states: “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.”
Additionally, the court imposed restrictions on the transfer or encumbrance of the property, stating that the school management cannot create third-party rights over the premises without the court’s approval.
Don Bosco Technical School Contempt Case
The case also involved a contempt hearing against five officials from Don Bosco Technical School, who defended their decision to demolish a 72-year-old school building.
The Don Bosco Technical School management justified the demolition, arguing that:
- The original structure, built between 1949 and 1952, was found to be structurally weak in 2024.
- By the end of 2024, the building was showing signs of tilting, posing a serious safety risk.
- Large-scale restructuring, rebuilding, and renovation were deemed urgent to prevent potential disasters.
They also stated that the Meghalaya Urban Development Authority had approved the renovation plan and did not question its heritage status.
Court Questions Timing of Demolition During Vacation
Despite the explanations provided by the contemnors, the High Court raised concerns over the timing of the demolition, which occurred when the court was on vacation.
Referring to a prior order dated December 9, 2024, the bench noted that the Meghalaya Heritage Authority had been instructed to conduct an inspection and submit a preliminary inquiry report.
The court posed critical questions regarding the demolition:
- If the building had stood for decades, why was it suddenly demolished when the court was closed for Christmas vacation?
- Why wasn’t the urgency brought before the vacation bench, which was available for hearings?
- The case was scheduled for January 28, 2025, immediately after the court’s reopening—why was the demolition rushed before this date?
The court expressed discontent over these actions, hinting at a potential lack of transparency in the decision to demolish the school building during the vacation period.
Meghalaya Heritage & Urban Development Concerns
The case has sparked discussions about the importance of heritage conservation in Meghalaya. While the Meghalaya Urban Development Authority had approved the reconstruction, heritage conservationists argue that historically important structures should be preserved or at least rebuilt without altering their original aesthetics.
The Meghalaya High Court’s directive ensures that St. Anthony’s Lower Primary School retains its architectural identity, setting a precedent for future reconstruction projects in the state.
Implications of the Verdict
- Preserving Architectural Heritage: The ruling mandates that new constructions must respect traditional designs, preserving Meghalaya’s architectural heritage.
- Legal Accountability: The court’s scrutiny over the timing of the demolition ensures that school authorities follow due process before undertaking major structural changes.
- Future Construction Regulations: The case highlights the role of the Meghalaya Urban Development Authority in approving and monitoring construction projects, ensuring they align with heritage preservation laws.
A Landmark Decision for Heritage Conservation in Meghalaya
The Meghalaya High Court’s ruling on St. Anthony’s Lower Primary School’s reconstruction underscores the importance of architectural preservation, ensuring that modern developments respect the original design of historically important buildings.
Moreover, the court’s questioning of Don Bosco Technical School’s demolition raises concerns about timing, transparency, and accountability in construction and heritage conservation projects.
As Meghalaya balances urban development with heritage conservation, this case sets a legal precedent for ensuring that future reconstructions uphold architectural integrity while addressing safety concerns.
