Tel 0364-2223929 Fax 0364-2504526

To,

1. Brig. Deepak Tyagi

2. Miss Urmila Devi

3. Brig. M.K. Garg

4. Smt. R. R. Marak

5. Col.P .K.Mehta

6. Col. Rohit Pant

7. Maj . M. Khan

8. Sh. Bimal Bajaj

9. Sh. Rajbir Sharma

10. Sh.Vijay Raj

11. Smt. Jogmaya Thapa

12. Sh . Pradip Rana

13. Sh. S.P. Thapa

No.04/EC/CB/SHG/GEN_ADMIN/BOARD-PROCEEDING/DE /62-J '-{/Cf Cantonment Board, · Post Box No -83 Shillong (Meghalaya) 793001

Dated the { ft--.. February, 2014

President

Vice-President

SEMO

Executive Magistrate

Nominated Member (Gazette notification not yet received)

Nominated Member (Gazette notification not yet received)

G.E. Executive Engineer

Elected Member

Elected Member.

Elected Member

Elected Member.

Elected Member.

Elected Member.

SUB: MINUTES OF THE PROCEEDINGS OF THE ORDINARY MEETING HELD ON

Sir,

28/01/2014 AT 1230 HOURS IN THE OFFICE OF THE CANTONMENT BOARD, SHILLONG.

One copy of the minutes of the proceeding of the Ordinary Meeting held on 28/0112014

at 1230 hours in the office of the Cantonment Board Shillong is enclosed h erewith.

Yours faithfully,

i-M4 Chief Execu tlve Officer Cantt. Board, Shillong.

Minutes of the proceedings of the Ordinary Meeting held on 28/0112014 at 1230 hours in the Office of the Cantonment Board, Shillong.

Members Present

1. Brig. Deepak Tyagi

2. Miss Urmila Devi

3. Brig. M.K. Garg

4. Smt. R. R. Marak

5. Sh. Vijay Raj

6. Smt. Jogmaya Thapa

7. Sh. Pradip Rana

8. Sh.S.P.Thapa

9. Ms.L. Hrahsel

Members Absent

1.

2.

3.

Maj. M. Khan

Sh. Bimal Bajaj

Sh. Rajbir Sharma

Specia l Invitees- Absent:

1) Sri. Vincent Pala, Hon'ble MP Lok Sabha

2) Smt. Wansuk Syiem

Hon'ble MP

Rajya Sabha

3) Sri. Sanbor Shullai, Hon'ble MLA

Sd/­ChiefExecutive Officer

President

Vice-President

SEMO/Ex-Officio Member

Executive Magistrate

Elected Member

Elected Member

Elected Member

Elected Member

Member Secretary

Executive Engineer/ Ex-officio Member

Elected Member

Elected Member

Sd/-President Cantonment Board

AGENDA

1. PROGRESS REPORT/ APPROVE THE ACTION AND MINUTES DATED 19/11/2013.

To note the proceedings of Ordinary Board meeting held on 19111/2013 and progress made on following Board resolution :

2.MONTHLY STATE ME NT OF ACCOUNTS.

Noted

3. ENHANCEMENT OF DEARNESS ALLOWANCE

Proposal sent.

4. ENGAGEMENT OF MEDICAL SPECIALISTS AND TECHNICIAN IN JRG CANTT. GENERAL HOSPITAL, SHILLONG CANTT.

Advertisement given for the post of MD (medicine) and Gynaecologist, X-ray technician gven on

The Shillong Times and Mawphor.

5. MUTATION IN THE LEASE HOLD RIGHTS OF HOLDING N0.45A JB. SY. NO. 135/95.

Communicated to lessee and GLR entry made.

6. SUPPLY AND INSTALLATION OF STEEL SIGN BOARDS FOR PARKING LOTS.

Supply order palced.

7. PURCHASE OF LEATHER CHAPPALS FOR ENTITLED EMPLOYEES OF BOARD FOR THE YEAR 2013-14.

Purchased and payment also made.

8. COMPLIANCE TO ORDER DATED 22/3/2012 PASSED IN W.P (C) NO.(SH) 2379/2010- BUNGALOW NO. 26A

Lessee was called upon on 20/0112014 to discuss with respect to compounding/settlement/regularization.

9. REPAIRING AND IMPROVEMENT OF EXISTING BITUMINOUS SURFACE ROADS WITH PLASTIC TAR ROAD- APPROVAL OF TENDER.

Work already sta1ted and is in progress.

10. TRANSFER OF VARIOUS PLOTS OF DEFENCE LANDS AT SHILLONG CANTONMENTT TO THE STATE GOVT OF MEGHALA Y A

Informed PD,DE, EC and DG,DE, New Delhi on 27.11.2013 No. 04/EC/CB/SH GlEN GG/Keating Road/D E/1893.

11. APPROVAL OF TENDER.

vide letter

Work order for Cantt. Board store room and painting of school has been issued to M.C. Marak.

12. RENTING OUT OF CANTT. BOARD PROPERTY TO POLICE DEPARTMENT FOR JHALUPARA OUTPOST.

Proposal submitted to PD,DE,EC.

13. PERMISSION FOR LAYING OF 400MM DIA & 250 MM DIA DI PIPE AT CANTONMENT BAZAR (UNDER ZONE-X) OF JNNURM

Intimated to PHE as resolved.

Opening Remarks by PCB

Before the start of the meeting President Cantonment Board conveyed his thanks to Brig. A.P.

Radhakrishnan, SEMO fo r the excellent job done by him during his tenure as an ex-officio member of the

Board.

The meeting started with the oath taken by the new SEMO, Brig. M.K.Garg.

1. PROGRESS REPORT/ APPROVE THE ACTION AND MINUTES DATED 19/11/2013.

Resolution:

1. The Board noted the action taken on the proceedings of Cantonment Board Ordinary Meeting held on 19.11.2013 . As regards Resolution No. 5 of the said meeting it is resolved that another advertisement be made for the post of MD (Medicine) and Gynaecologist. The interview process be started for the post of X-ray technician.

2.MONTHLY STATEMENT OF ACCOUNTS.

To consider and approve the statement of accounts of receipts and expenditure for the months of

October & November 2013

October, 2013

Opening Balance for the month of Oct,_20 13

Add. Collection of revenue made during Oct,_20 13

Add Deposit:

Total

Less Expenditure during Oct, 2013

Less Refund

Closing Balance

Balance of Service Charges

November, 2013

Opening Balance for the month of November, 2013

Add. Collection of revenue made during November, 2013

Add Deposit:

Total

Less Expenditure during November, 2013

Less Refund

Closing Balance

Balance of Service Charges

Resolution:

2. Considered and approved.

3. INVESTMENT

Rs. 27429896.73

Rs. 6142129.00

Rs. 7000.00

Rs. 33572025 .73

Rs. 4816999.45

Rs. 0.00

Rs. 28762026.28

Rs. 65773568.29

Rs. 28762026.28

Rs. 17673036.00

Rs. 1760391 .00

Rs. 48195453 .28

Rs. 3139333.17

Rs. 45056120.11

Rs. 16557952.00

Rs. 15458900.00

Rs. 13039268.11

Rs . 82331520.29

To note the action taken by the Chief Executive Officer under section 120 (2) of the Cantt. Act 2006

for re-investing the following amounts.

SI.No. Date of Name ofFund Amount Period Name of Bank Rate of

Investment interest

1 06.12.2013 Service Charge Rs.1 ,65 ,57 ,952.00 100 days Indian Overseas Bank 8.25%

Resolution:

3. Considered and approved.

4. PAYMENT FOR SUPPLY AND INSTALLATION OF CCTV IN BOARD MEETING ROOM.

To note and consider the payment made to M/s Smartech Solutions, Shillong for Rs.88,000/- for supply and installation ofCCTV complete system with 3HD cameras and Panasonic TV 32" which was installed in the Board meeting room as directed by the President Cantonment Board. Budget provision was made under Budget Head A (4) and approved by CBR No.4 dated 29.08 .2013.

Resolution:

4. Noted and approved .

5. PAYMENT FOR SUPPLY AND FIXING OF WOOLEN CARPET FOR CANTT. BOARD OFFICE.

To note and consider the payment made to M/s Smartech Solutions, Shillong for Rs.96,320/- for supply and fixing of woollen carpet in the Board meeting room and CEO residence. Budget provision was · made under Budget head A (4) and approved by CBR No.4 dated 29.08.2013.

Resolutions:

5. Noted and approved.

6. EXTENSION IN THE TERM OF ELECTED MEMBERS OF 58 CANTONMENT BAORDS TILL s'h JUNE 2014.

To note DG, DE, New Delhi Jetter No.76/38/Cantt Act/C/DE/2012 dated 301h December 2013 and

PD,DE, EC letter No.362503/LC-3/XII/71 dated 3.01.2014 for extension in the term of Elected Members of Cantonment Boards tillS'" June.2014.

Accordingly, all the seven elected members of the Board have been intimated for the extension of time vide this office letter No.SHG/2/Constitution/20 13/2026 dated I41

" January 20 I4.

Resolutions:

6. Noted.

7.TENDER FOR COLLECTION OF PARKING FEE RIGHT FROM CANTT. BAZAR ROAD, TRENCHING GROUND ROAD, T.B. HOSPITAL ROAD. BOUCHIER ROAD AND SPACE IN FRONT OF CANTT. GODOWN FOR ONE YEAR.

Reference CBR No -9 Dt 29.8 .2013

The tender were invited vide this office letter No. 04/EC/CB/SHG/Rev/Collection parking fee/DE /1663 Dated 9.9.20I3. The tender notice was published in the daily news paper the Shillong Times on 10.9.20I3 and last date for registration & issue of tender document was 20.9.2013 which was extended upto to 30.9 20I3 vide this office letter No.04/EC/CB/SHG/Rev-Parking fee/DE dated 23rd.9.20I4 and published in the Shillong Times on 24.9.20I3

As per terms and conditions of tender document at SL No (xi) reasonability of rates was to be affixed by the Cantt. Board half an hour before opening of tender. Any tender found higher than the reasonable rate will be rejected. The reasonability of rates @ I 0% above reserved price was fixed by the Elected Board Members on 2.I2.20 I3 before the opening tender and details of which is agenda

SL NAME OF PARKING LOT RESERVE REASONABILITY TOTAL PRICE IO% ABOVE AMOUNT

RESERVE PRICE I Cantt Bazar Road Rs 24,44,400/- Rs 2,44,440/- Rs 26,88,840/-2 Trenching Ground Road Rs 1 0,04,400/- Rs 1,00,440/- Rs 11,04,840/-3 Bouchier Road Rs 13,50,000/- Rs 1,35,000/- Rs 14,85,000/-4 Space infront Cantt Godown Rs 9,82,800/- Rs 98,280/- Rs 10,81,080/-5 TB Hospital Road Rs 1,99,800/- Rs 19,980/- Rs 2,I9,780/-

In response of above the following tenders have been received by this office and which were

opened by the CEO on 2.I2.20I3 in presence ofthe Elected Members and tenderers on 02 .I2 .20I3 . The

sites , name oftenderers/bidder and rate quoted by the tenderer is given below. It may be seen from the

above that for each area at least 3 tenders are required which has not been received except for one area i.e.

for space infornt of Cantt godowns but the highest rate quoted is below the rate fixed by the Board

SL Name of Cantt. Bazar Trenching Bouchier Space infornt T.B. Hospital No. tenderer/bidder Road Ground Road ofCantt Road

Road Godowns 1. Sh.Rakesh Ly11gdoh - - - - Rs.2, 73 ,432/-2 Sh. Droshing - - - - Rs.2 ,40,000/-

Lyngdoh

3 Sh.Droshing - - - Rs .9,28,000/- -Lyngodh

4 Willam Kharkongor Rs.26,46,8,96/- - Rs.I4,87,998/- - -In valid

5 Valensha Surong - - Rs.5,04,000/- - -6 S. Syiemoing - - - Rs. 8,46,000/ -7 Rakesh Lyngdoh - - - I 0,05,000/-

Relevant papers are placed on the table .

Resolutions:

7. Considered and resolved that the tender for auction of parking fee right for the space infront of Cantt. Godowns is approved in favor of Sh.Rakesh Lyngdoh@ Rs. I 0,05000.00 who has quoted the highest rate. Further it is resolved that tender be reinvited for the remaining areas with existing terms and conditions.

8. REPAIRING AND PAINTING OF CANTONMENT BOARD SCHOOL BUILDING

To note and approved the estimated cost of Rs 2, I9,000.00 for repairing and painting of Cantonment

Board School Building.

The estimate has been prepared as per MES SSR. 20IO.

Work order for the work has already been issued vide works order No. SHG/6/M&R/Cantt FUND­

PROP/20 I3-I4, dated-25 .I2.20 I3 so that the work can be carried out and completed during School winter

holidays.

The said expenditure will be booked under Budget Head D (2) (a) for which provision has been

kept in the revised budget for the year 20 I3-14.

Relevant file is placed on the table.

Resolutions:

8. Noted and approved.

9. LAND USE PLAN U/S 233 OF THE CANTONMENT ACT. 2006.

Reference PD, DE, EC letter No. 36305 1/Gen/LC-3/1/li, dated-27.I2.20I3

During the conference, DG DE has directed to prepare the land use plan amongst other points based

on the authorized use of land as per General Land Register and to identify Zones for specific use, like

Residential, Commercial, Commercial-cum-Residential , Institutional, Defence use etc. including the water

supply lines and sewage disposal system to be identified in the plan and to prepare the land use plan and for

doing the work on a scientific basis, he lp of experts may also be taken.

Hence, to constitute a committee and to engage professionals/expe11s for preparation of land use

plan based on the authorized use of land as per the General Land Register.

Resolutions :

9. Considered and resolved tha a committee be constituted with following members under the Chairmanship of Coi.P .K.Mehta, Adm.Comdt for preparation of land use plan .

1. Garrison Engineer, Shillong. 2. Sub- Engineer, Shillong Cantt. Board 3. All the Elected Members.

lO.REVIEW OF BOUNDARIES OF CIVIL AREA.

Reference PD, DE, letter no. 363051/Geni/LC-3/1/11, dated-27.12.13

During the conference, DG DE has advised as per Section 46 of the Cantonment Act 2006, it is

mandatmy to place the matter of Review of boundaries of Civil Area before the Board after the census

figures had been published. The population of Shillong Cantonment as per 2011 Census is 11919.

The Central Govt. may in consultation with the Board, unde1take as and when required and shall unde1take after every census, a review of the boundaries of civil area in each Cantonment U/S 46(2) of the Cantonment Act 2006.

Hence, to consider the issue of review of boundaries of civil area of Shillong Cantonment .

Resolutions:

10. Considered and resolved that status quo be maintained as regards boundaries in Civil areas.

11. RENOVATION WORK OF ANJALEE CINEMA HALL- BUNGALOW N0.25 SY. N0.35/l: EXTENSION OF TIME.

Reference CBR No. 5 dated 01.12.2011.

The lessee of B No. 25, Sy. No. 3511 had given Notice Under Section 235 of the Cantt. Act 2006 vide Notice dated 27.08.2010 for renovation, alteration, reconstruction and internal restructuring of existing Cinema Hall for the purpose of Cinema cum shopping.

The aforesaid notice and building plan had been forwarded to the DEO vide office letter No. SHG/7/B.No.25/323 dated 02.09.2010 for issue ofNOC U/S 238 (3) ofthe Cantt. Act 2006.

The DEO, Guwahati Circle vide letter No. DEO/GAU/LANDS/5-25/409 dated 27.09.2011 has

issued NOC on the reverse side of the building plan.

The matter was placed before the Board vide CBR No.5 dated 01 .12.2011 and the resolution of the

same is reproduced below:

" PCB informed that he has seen the plan and cannot allow the construction of shops as this is the

deviation from the original purpose of lease. The Board discussed and came to a decision that an Affidavit

should be obtained from the lessee that only Cinema Hall and Restaurant will be constructed as per the

original plan of 1962. The Board also resolved that Multi Screen Facility will be allowed and that

Security/Safety measures regarding any emergency should be included in the plan as per Govt. guidelines on

the subject for Cinema Halls"

Accordingly, this office vide letter No. SHG/7/B.No.25 dated 02.12.2011 had directed the !esse to

submit an affidavit that only Cinema Hall and restaurant will be constructed as per the original plan of 1962.

On obtaining affidavit from Sh. Arvind Goenka, legal heir of Smt. Savitri Devi Goenka, lessee of B

No. 25 SY No. 3511, Shillong Cantt, this office vide letter No. SHG/7/B. No.25/550, dated-6.12.2011 has

accorded permission to carry out the renovation work of existing Cinema Hall as per the original plan of

1962.

The period of two years had been granted for completion of renovation work.

However, as instructed by the President Cantonment Board v ide his instruction Dt.l8.10.201 3, the

Anja1ee Cinema Hall , Bungalow No.25 has been inspected by the Sub Engineer of the Board alongwith

Sh.Vij ay Raj , Elected Member and found that the following works has been carried out by the lessee.

The old Cinema Hall was consisting of basement floor, ground floor, first floor and second floor.

Basement floor/Lower Ground Floor has been renovated with plastering, replaced the M.S. grills

and walling of external wall by rolling shutters.

Ground floor/Upper Ground Floor and First floor: The roof of ground floor/Upper Ground Floor and

first floor which were existing on the both sides of the Auditorium and were in use as gangways (as Auditorium was in the middle) has been connected to each other with addition of RCC columns, beams and

slabs within the existing hall.

Second Floor: The roof of second floor which were existing on three sides of the hall and two sides

were in use as gangways and one side was in use as balcony has been connected to each other with addition

of RCC columns, beams and slabs.

The second floor is divided into two pm1s vertically and the first part has been converted into Multi

screen facility (Two screen) by dividing the same horizontally. The second half part is divided into two

parts horizontally which consist of second and third floor by erecting RCC columns, beams and slab.

The AC sheet roofing of the hall has been replaced by aluminum sheet (Dyna Roofing).

A sketch of cross section showing old existing floor level and constructed/extended pm1 is shown in

the report dated-6 .11.20 I 3 submitted by the Sub Engineer of the Board.

In addition to above, the lessee have constructed stair case at the rear side of the hall for emergency

exit, constructed a lift duct, kept provision for installation of escalator and also air passage for air

circulation.

Since the Board vide CBR No. 5 dated 01.12.2011 has accorded permission to carry out the

renovation work of existing Cinema Hall alongwith multi screen facility and also permitted to include the

security and safety measures in the plan approved during 1962 and accordingly, the lessee has carried out addition/alteration to the existing hall and also to the plan approved vide CBR No. I 2 dated-24.11.1962, the

lessee had been directed to complete the renovation work within the stipulated time and to submit 3 sets of

renovated building plan of existing building.

The Lessee vide his letter No. Nil, dated-18. I 1.2013 has submitted unsigned renovated Building Plan of existing building on A-4 size paper and requested to grant extension of time for a period of I year to

complete the interior works and installation of equipments, Fitments like Floor, Tiles, Modern Sanitary

wares, Electrical fittings, Furnishing of Multiplex and food courts.

This Office vide letter No. SHG/7/B. No.25/1990, dated-13.12.2013 has directed the lessee to

submit the renovated building plan of existing building duly signed by the lessee on A-110 paper size.

The lessee vide his letter No. Nil, dated 23 . I 2.20 I 3 has submitted the same duly signed by the lessee

showing the number of halls made by increasing the number of floor and floor area of the existing building (Cinema Hall) and proposed to be use as Cinema Halls in 2"d Floor and 3rd Floor and Food CoUtt/Restaurant

in other Floors . .

Hence, to note and consider the renovated building plan and to consider the grant of extension of

time under U/S 245 of the Cantt Act. 2006.

Resolutions:

11. Considered, noted and resolved that the renovated building plan submitted by the lessee vide his letter dated 23.12.2013 is approved with the area of 5612 sqm consisting of lower ground floor, upper ground floor, 1st floor, 2"d floor and 3rd floor without any external volumetric changes . Fmiher extension of time for a period of 9 months w.e.f the date of communication to the lessee is granted to complete the remaining works as mentioned in the agenda side.

12. IMPLEMTATION OF MP MLA LOCAL AREA DEVELOPMENT SCHEME.

Reference CBR No. 9 dated 21.12.2012

The DG, DE vide letter No. 70NIP Ref-55/Shillong/C/DE/13 dated-13.11.2013 has observed that

the Cantonment Board Shillong, vide CBR No.9 dated 21.12.2012, has not approved any of works, totaling

Rs. 27, 87, 899/- as proposed to be done by Government ofMeghalaya under the M:A LAD Scheme. The

decision of the Board does not seem to be in order since the works were proposed to be done for improving

public amenities. Shillong being a deficit Board, cannot afford to refuse any public welfare/infra-structure

development funds offered by the State Government or any of its agencies.

It has also directed that the works under MP/MLA are to be done as "Deposits Works", in case the

executing agency is the Cantonment Board. However, if the works are to be done under a State Agency, the

same may be accepted by giving prior approval provided-

a. that the works are aimed at infra-structure development, public of social welfare: b. The proposed woks do not contravene the provisions of Cantonments Act 2006 or

rules/bye-laws made there under. c. The land on which works are proposed is under the management of Cantonment Board for

municipal purposes and if not, prior permission of the competent authority is taken .

Hence to consider and note for future compliance.

Resolutions:

12. Noted for future compliance.

13. COMPLIANCE TO ORDER DATED 22.3.2012 PASSED IN WP (C) No. (SH)379/2010: BUNGALOW NO. 26 A.

Reference CBR No. 8 dated-19.11.2013

The Board vide above CBR had resolved that Notice issued vide letter No.SHG/7/B.No.

26A/20101186 dated 10.2.201I under section 244 of Cantonment Act 2006 and prosecution lodged before

the Chief Judicial Magistrate vide letter No.SHG/7/B.No.26A/3/ dated 1.4.20I I shall be withdrawn and

accordingly, the notice issued U/S 244 of Cantt Act 2006 vide Notice No. SHG/7/B. No.26A/20I0/186,

dated- I 0.2.2011 has been withdrawn vide this office letter no. SHG/7 /B. No.26A/20 I 3/1878, dated-

26.11.20I3 and also requested the CBLA Sh. S.P.Mahanta to take appropriate action for withdrawal of

prosecution lodged before the Chief Judicial Magistrate vide letter No.SHG/7/B.No.26A/3/ dated 1.4.20I 1

and to apprise the Hon ' ble Court of Additional District Judge for disposing off the case bearing T.S. No.17

(H) of 2011 , MISC Case No.29(H) 2011( in respect of change of purpose).The CBLA vide his letter Dt.

20.1.2013 has intimated that petition have been filed for disposing/dismissing the Suit/Case and the case

shall be posted for hearing on the same.

The CBLA vide his letter Dt.20.1.20I 3 also intimated that Written Statement and Show Cause has

been filed inTS No.27(H) of2013 and Mise Case No.82(H) of20I3( in respect of Sealing)

and the case shall be posted for hearing.

The Board further resolved that the lessee of B. No.26A be called to appear before the Board for

discussion with respect to compounding/settlement/regularization and the date shall be intimated as and

when the date is fixed by the Board.

However, this office vide letter no. SHG/7/B. No.26A/2013/1878/2042, dated-16.1.2014 had

intimated the lessee that the President Cantonment Board has desired to meet the lessee of B. No. 26A in

connection with compounding/settlement/regularization on 20.01.2014 at 12:3 0 hrs in the office of Shillong

Cantonment Board.

Accordingly, Shri. Wallamphang Roy, representative of Smti. Sitimon Sawian, lessee of B. No.26A

duly authorized vide her letter Dt.20.1.20 14 had met the PCB and discuss the matter in presence of CEO and

elected members namely Shri. Rajbir Sharma, Shri. S. P. Thapa, Shri. Vijay Raj and Sh.Pradip Rana.

It is fmiher to mention that the CBLA in his Legal Opinion Dt. 7.11.2013 has pointed out vide his

last para of the opinion that the Hon'ble High Comi's order Dt.22.3.2012 was passed after thread-bear

argument with regards to interpretation of Clause 3A (18) and its applicability to Notified Bazar Area

amongst other areas and thereafter, the Hon'ble High Court had directed the Writ Petitioner to approach the

Cantonment Board for reconsideration of the matter.

Hence, to consider issue of compounding/settlement/regularization in view of CBR.No. 8 dated-

19 .11.20 13 0

Resolutions:

13. As directed by the Hon ' ble High Court ofGuwahati, (Shillong Bench), vide order dated 22.3.2012

passed in WP(C) No.(SH) 3 79 of 2010 Shillong Cantt. Board gave a fair chance to Mrs. Sitimon Sa wain to

express her point of view and contention for reconsideration by the Shillong Cantt. Board on 20/01/2014 .

Mrs Sitimon Sawain was represented by Mr. Wallamphang Roy on 21 January 2014 who contended on the

following two points:

(a) The said building does not lie in the "Notified Bazaar Area" and as such the Bye-Law 3A, which

restrict the FSI to 0.5, is NOT APPICABLE.

(b) The variation in the construction as compared to approved plan is minor which may be condoned

by compounding/settlement/regularization as per the Cantt. Act instead of demolition which will

inconvenience to large number of citizens.

The Shillong Cantt. Board deliberated on the matter on 28 January 2014 during the monthly Board

meeting and observed the following:-

(a) The lessee has carried out gross violation ofthe approved plan from 1044 sqm to 1945.73 sqm.

(b) The lessee has already appealed in front of the GOC-in-C Eastern Command w.r.t non applicability of

Bye-Law 3A which was turned down.

(c) All elected ward members present namely Miss. Urmila Devi, Vice-President, Sh.Vijay Raj, Smt.

Jogmaya Thapa, Sh.Pradip Rana and Sh.S.P.Thapa felt that the Bye-Law 3A was Not Applicable in the said

case and hence relief be extended to the lessee by way of compounding and no demolition be carried out.

(d) The President Cantt. Board however felt that the issue is contentious. A plain reading of Rule 3A shows

that the same pertains to "future constructions within notified Bazaar Area" and contends that the words "all

buildings" incorporated in clause 18 of ibid Rule means all buildings within Cantonments whereas the lessee

contends that it applies to buildings located only in notified Bazaar area. There is no other bye-law which

has been brought to my notice which lays down FSI for the building constructed in remaining areas of

Cantonments. Under the circumstances, to me it appears that the contention made by the lessee is not correct

because it would not be correct to assume that within the same Cantonment different FSI shall be fixed for

the commercial establishment in Bazaar area and those located in other than civil area or in remaining areas.

The FSI for all commercial complex presumably shall be the same, even though not specifically mentioned

as in the case of establishment mentioned in notified Bazaar area. The in vogue FSI of 0.5 is thus applicable

to all buildings in Shillong Cantonment Area.

As there has been a contention on the interpretation of Bye-Law 3A & its applicability to

commercial establishment in notified Bazar area or other than notified Bazar area, it is necessary to seek

clarification from the office of the DGDE before arriving at the decision to demolish unauthorized

construction . In view of the above the Board decides to take up the case for seeking clarification on the

contended bye law and also apprising the Hon 'ble High Couti about the actions taken so far.

Supplementary Agenda:

14. MUTATION IN THE LEASE HOLD RIGHTS OF H. NO. 34CB- SY. NO. 15/42

To consider and approve the mutation in the lease hold rights of H.No. 34CB SY. No.15/42 within

the notified civil area of Shillong Cantonment.

The lease hold rights of H. No. 34 CB SY. No. 15/42 was in the name of Shri. Nilesh Kumar

Agarwal who has sold his lease hold rights in the name of Shri. Rajbir Sharma vide sale deed duly registered

by the office of the Sub Registrar. Shri. Rajbir Sharma vide his application dated-15. 7.2011 submitted the

registered sale deed and indemnity bond.

A public notice was issued vide No. SHG/7/34CB/2011 dated 25.7.2011 which was published in

Meghalaya Times on 6.10.2011 and was circulated on Notice Boards inviting objection if any to the

proposed mutation within 30 days from the date of publication. On 7.10.2011 Smti. Premlata Tibrewalla

submitted her objection for proposed mutation in the name ofRajbir Sharma and again on 7.10.2011 a joint

objection from Premlata Tibrewalla and Pankaj Kumar Agarwal stating that the entire matter was done in a

fraudulent manner without their knowledge. Accordingly the Lessee of H. No. 34CB was asked for

comments on the said objection.

Shri. Nilesh Kumar submitted his comments vide his letter no. Nil, dated- Ni l received on 3.4.2012.

On 9.10.2013 Shri. S. D. Upadhya on the instruction of his client~Smti~Premlata Tibrewalla mother of

Nilesh Kumar requested to give her an opportunity to present her case after 15.11.2013 and the mutation of

H. No. 34Cb be kept in obeyance till 15.11.2013 but till date she did not appear to present her case.

However a legal opinion was obtained and as per legal opinion dated - 1.11.2013. The dispute

appears to be a family dispute for which they shall seek redressal before appropriate legal forum and

mutation of H. No. 34CB in the name ofRajbir Sharma mutation may be allowed if not barred by any law.

Resolutions:

14. Considered and approved the mutation of lease hold rights of 34 CB, SY.No.15/42 in the name of Sh.Rajbir Sharma from that of Sh.Nilesh Kumar.

15.MUTATION OF HOLDING NO. 60 CB, SY. N0.15/94 & 60A CB, SY. NO 15/95

To consider and approve the mutation in the lease hold rights of Holding No.60 CB, Sy.No. 15/94

& 60A CB, Sy. No. & 15/95 within the notified Civil Area

The lease hold rights of Holding No.60 CB, Sy.No. 15/94 & 60A CB, Sy. No. & 15/95 was in the

name of(L) Shri. J. N. Bawri. Shri. Pawan Bawri S/o (L) J. N . Bawri applied for mutation and submitted an

affidavit, indemnity bond and death certificate. Accordingly a public notice was issued inviting objection if

any to the proposed mutation vide this office letter No. 04/EC/CB/SHS/LAND/60CB/15/94/1 /DE/1263 ,

dated 10.5.2013 which was published in the Newspaper Mawphor Today on 12.5.2013 and in response to

the above publication, Shri Rajbir Sharma and Shri Vijay Raj , elected member of the Board submitted their

objection vide their letter dated-11.6.20 13 placed on the table. Shri. Pawan Bawri S/o (L) J. N . Bawri was

asked for comments on the above objections who vide his Jetter dated- 19.6.2013 submitted his comments.

(placed on the table).

.. In this connection it is submitted that Shri. Pawan Bawri has already paid Rs. 5,00,000/- (Rupees

Five Lakhs) in the month of June, 2013 as pmt payment of taxes and requested vide his letter dated

28.6.2013 that he is willing to pay the arrears of taxes in six installments provided the interest is calculated

as simple interest and requested to issue him bills.

A legal opinion was sought as regards demand of taxes from the Cantonment Board Legal Adviser

who vide his letter dated- 9.7.2013 opined that Cantonment Board can go ahead and demand taxes. The

Revenue section has calculated the demand of taxes in respect of 60A CB which works out to Rs.

55,73,635/- (Rupees Fifty five lakhs Seventy three thousand Six hundred and Thitty five) approximately

including compound interest.

In view of the above to consider the question of mutation of H. No. 60 & 60A CB in the name of

Pawan Bawri and withdrawal of all court cases against Cantonment Board filed by (L) J.N. Bawri and his

successor in respect of above said propetty and also mutation if considered will be effected on withdrawal

of all court cases.

Resolutions:

15. Considered and approved the mutation of lease hold rights ofH.No.60 Cb, Sy.No. 15/94 and 60A CB, Sy.No.15/95 in the name ofSh.Pawan Bawri from that of(L) Sh.J.N. Bawri. Further it is resolved that the bill for tax demand including compound interest be sent for early realization of taxes. Mutation will be effected on withdrawal of all comt cases against the Cantt. Board, Shillong filed by (L) J.N.Bawri, Lesse of H.No. 60 & 60A CB, Shillong Cantt.

16. INTRODUCTION OF MULTI PURPOSE ID CARDS FOR RESIDENT OF SIDLLONG CANTONMENT.

The Elected Members of the Board wished to introduce multipurpose ID Cards to the residents of

Shillong Cantonment and legal advice was also sought from the CBLA alongwith application form vide this

office letter No.04/EC/CB/SHG/GEN_ADMIN/Misc/DE dated 18th November 2013 and had given his opinion vide his letter dated 17th December 2013 stating that there is no harm in introducing the

multipurpose ID Cards to the resident of Shillong Cantonment only under the signature of the Chief

Executive Officer, Shillong Cantonment and that the status of the Card holder should be specified and all

related documents with respect to his residence and identity should be thoroughly scrutinize before issuing

of such multipurpose ID cards and purpose of the ID card also need to be specified.

In view of the above, matter is put up before the Board for as what action is to be taken in this

regard.

Resolutions:

16. Considered and resolved that the ID cards be issued after obtaining all related documents with respect to the residence which shall be thoroughly scrutinized before issue and the card so issued shall be for the internal use inside the Cantonment. Futther the cost of the ID cards shall be assessed which shall be payable by the applicant and the quotation be called for printing of application forms.

True Copy

Office sf n(endent Cantonment Board, Shillong.