Meghalaya High Court Directs Don Bosco School To Rebuild Potential Heritage Building Which It Demolished

The Meghalaya High Court on Monday (February 24) allowed the management of the St. Anthony's Lower Primary School, Shillong run by the missionaries of the Salesians of Don Bosco, to rebuild the demolished building of the school with the condition that the plan and architecture of the building should be more or similar to the demolished one.

The bench comprising the Chief Justice I.P. Mukerji and Justice W. Diengdoh 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 proceeded to demolish it.

The Court vide its order dated January 28, issued contempt notice to the Don Bosco Technical School Shillong Management for demolishing the building of said school.

“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 had noted in the said order.

In or about 2024, the school building was found to be structurally very weak and needed large scale restructuring, rebuilding and renovation. The management of the school engaged Reliant Foundations Private Limited of Guwahati who carried out various tests and advised the above structural changes.

At the close of the year 2024 when allegedly the building was found to be tilting and “urgent and immediate action is called for to prevent any serious damages or accidents” as recorded in the recommendation of the management of the school dated January 4, 2025.

As of December 16, 2024, the school building was existing. However, during the hearing on January 28, it was submitted that the building has been entirely demolished. Therefore, the Court issued contempt notice to the school management and other respondents.

The alleged contemnors filed their respective affidavits before the Court. It was stated in the affidavit that the Meghalaya Urban Development Authority has approved the plan for restructuring, rebuilding and so on without raising any question with regard to heritage.

The Court directed the alleged contemnors to file respective affidavits on the following issues:

• Why this allegedly imminent danger to the building and the need to demolish it was 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 January 28, 2025, why during the vacation of the Court, the building had to be demolished, when it was allowed to stand for all this while?

The alleged contemnors are directed to file an affidavit explaining the above issues by March 17.

The Court noted that the building restructuring plan has been approved by the Meghalaya Urban Development Authority. It was stated by the respondent authorities, that the statue of the Don Bosco and the façade of the school facing it, the building should be declared as heritage.

“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,” the Court said.

The matter is listed again on March 19.

Case Title: Raphael Warjri v. State of Meghalaya & Ors.

Case No.: PIL No. 11/2024

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