Meghalaya High Court Issues Contempt Notice To Don Bosco School Officials For Demolishing Potential Heritage Building

The Meghalaya High Court on Tuesday (January 28) issued contempt notice to the Don Bosco Technical School Shillong Management for demolishing the building of St. Anthony's Lower Primary School, allegedly an Assam-type colonial structure of significant architectural and historical value and which was fit to be declared as a heritage building. The division bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh observed:“We take a very serious view of this matter. Although there was no formal order restraining demolition of the building, this act prima facie is most daring challenge thrown to the authority of the Court and interference with the administration of justice, amounting to criminal contempt.”The Court was hearing a PIL which was initiated on the allegation that the school was run in an Assam-type colonial structure of significant architectural and historical value and which was fit to be declared as a heritage building. Nevertheless, the management of the school was proceeding to demolish it. The Court vide order dated December 9, 2024, directed the State to make an inspection and conduct an inquiry under the Meghalaya Heritage Act, 2012 (Act, 2012) and to report to the Court on the heritage value of this building.The Court directed notice of the application to the school authority so as to hear them along with the petitioner and the State on the issue whether the building was heritage and should be preserved, by stalling its demolition and restructuring. “As the school was not represented, we thought it fit not to pass any order affecting it, in its absence. Hence, we did not make a formal order restraining further demolition activity. It was expected from the school that when they were noticed, their presence required in Court and the State directed to make an inquiry into the status of the building, they would not make the exercise infructuous by proceeding with the demolition work,” the Court noted.The Court perused the report submitted by the Additional Advocate General and noted that on December 16, 2024 an inspection and inquiry was duly made under the Act, 2012. According to the said report the building as such does not classify to be declared as heritage. However, on a combined view of the Square, the statue of Don Bosco and the façade of the school facing it, the recommendation of the Joint Director and Member of the Meghalaya Heritage Sub-Committee Urban Affairs, Meghalaya was that the building should be listed as a heritage building under the Act, 2012. It was further recommended that the State should issue necessary directions with regard to “construction” or “alteration” concerning the building. The Court observed that as of December 16, 2024, the building was existing. However, during the hearing, it was submitted that the building has been entirely demolished.“We are most perplexed and shocked at the most daring act committed by the management of the St. Anthony's Lower Primary School, after our order dated 9th December, 2024,” the Court said.The Court took cognizance of it as one on the face of the Court. It observed:“Accordingly, before considering any other issue in this matter, we direct a notice under the Contempt of Courts (High Court of Meghalaya) Rules, 2013 to the Don Bosco Technical School Shillong management namely, (i) Sagi Stephen Parappilly (ii) Arcadius Puwein (iii) Edmund Gomes (iv) Dianetius Fernandez and (v) Cyril Tirkey of Don Bosco Technical School Shillong, Shillong-793003, East Khasi Hills District, Meghalaya, returnable on 24th February, 2025 to show cause as to why they should not be punished for criminal contempt of this Court by being presently present at the first sitting of the Court.”To prevent any further contemptuous act or aggravation of contempt and as an interim order, the Court directed that no further activity with regard to demolition, construction or alteration of the existing building of the said school shall be carried out until further orders of the Court. “The local police authorities are to ensure strict compliance of this order,” it added. The matter is listed again on February 24, 2025. Case Title: Raphael Warjri v. State of Meghalaya & Ors. Case No.: PIL No. 11/2024Click Here To Read/Download Order

Meghalaya High Court Issues Contempt Notice To Don Bosco School Officials For Demolishing Potential Heritage Building

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