The English Foreign Language University represented by the Registrar vs State of Meghalaya, Represented by the Chief Secretary, & Ors.

Heard Mr. A. Khan, learned counsel for the petitioner as well as Mr. K.P. Bhattacharjee, learned GA for the State respondent No. 1 and Mr.

P.N. Nongbri, learned counsel for the respondents No. 2, 3 and 5.

The brief fact of the petitioner''s case in a nutshell is that:

The English and Foreign Language University Act, 2006, No.7 of 2007 dated 10.01.2007 which is a Central University Act. That

the Act is to establish and to incorporate a teaching University for promotion and development of English and other foreign languages

and their literature and to provide for matters connected therewith or incidental thereto. That a letter was sent to Dr. Donkupar Roy,

former Hon''ble Chief Minister of Meghalaya by Abhai Maurya, former Vice Chancellor of the EFL University, the subject matter

being the allotment of land to the English and Foreign Languages University, Shillong campus vide letter dated 22.07.2008. That there

has been an allotment of land to the English and Foreign Languages University, Shillong Campus and a plot of land measuring 50.00

acres, more or less at Umsawli was handed over by the Director, Higher and Technical Education vide letter dated 9.12.2009. One

of the conditions was that the English and Foreign Languages University will create the minimum infrastructure necessary for it to be

able to start functioning from the new campus within a period of two years from the date of allotment. That it is part of the agreement

that the Govt. of Meghalaya should complete the formalities of lease deed of the plot of land allotted to the English and Foreign

Languages University during a reasonable period of time. That the formal lease deed application with the signature of the Director of

the Shillong campus of the English and Foreign Languages University was sent to the Deputy Commissioner, East Khasi Hills for

necessary action and was followed up with letters to complete the formality vide letter dated 21.04.2011 and vide letter dated

07.01.2011. For early completion of the lease deed, the Chief Secretary, Government of Meghalaya was requested vide letter dated

23.03.3012. Further, another letter was sent by the Director of English and Foreign Language University, Shillong campus to the

Deputy Commissioner, East Khasi Hills stating that MUDA has already earmarked the boundary for the land and the land has been

taken possession by the EFL University that the completion of the lease deed may be completed. That the physically handing over of

the land was followed by construction of boundary wall vide letter dated 20.04.2012 written to the Director of English and Foreign

Language University, Shillong campus by the Meghalaya Urban Development Authority, Shillong informing that a final demarcation of

boundary wall before construction of the compound wall will be on 26th April 2012 at 11:00 a.m. at site. Further vide letter dated

01.05.2012 stated that as per instruction on the body of the above mentioned letter the verification work scheduled on 26th April,

2012 at 11:00 a.m. was cancelled due to some urgent work and was fixed on the next day, i.e., on 27th April 2012. The working

engineer finding the demarcated boundary pillars fixed was satisfactory, they have verbally allowed to construct boundary walls but

not given any written order for the same. That the detailed completion report of construction of boundary wall fencing etc. for the

English and Foreign Languages University at Umsawli, Shillong has been reported by the MGCC Ltd., Shillong vide letter where the

amount estimated was Rs.2,11,81,000.00 and the expenditure was 2,11,80,786.00 and the date of commencement and completion

was 20.06.2012 and 29.08.2014 respectively. In addition, the Shillong campus of the English and Foreign Languages University has

incurred expenditure on contour mapping, master plan and plantation of trees etc. That the master plan was sent to the Director,

Directorate of Urban Affairs, Govt. of Meghalaya by the English and Foreign Languages University vide letter Dated 26.02.2009

sending a tentative plan for land use and indicating how the site may be developed for the academic and other infrastructural needs at

its best. Further, a letter was sent to the Secretary, Meghalaya Urban Development Authority vide letter dated 09.11.2010 providing

requisite information for preparation of the revised DPR for Power Network of New Shillong Township regarding the land

requirement as per latest scale map: 750 KVA, location of the electrical installation along with the proper requirement: marked in the

sketch and number of consumers expected 5000 approx. That the Vice Chancellor of EFL University has written a letter to the Chief

Secretary, Govt. of Meghalaya and the Director of the Shillong campus of the English and Foreign Languages University also wrote

to the Hon''ble Governor of Meghalaya vide letter dated 17.02.2016 and vide letter dated 16.12.2015 respectively. The subject of

the letters sent was regarding the withdrawal of land allotted to the Shillong campus of the English and Foreign Languages University

(EFLU). That a letter was written, Director of Higher and Technical Education to the Registrar, English and Foreign Language

University (EFLU) vide letter dated 24.05.2016 and forwarded a copy of the letter dated 18.05.2016 where it was informed that a

portion of the existing wall of the EFLU around the earlier handed over to the Education Department vide MUDA letter dated

8.12.2009 needs to be removed since the portion of land has been allotted to the RBI and Custom and Central Excise Department.

The English and Foreign Languages University has been instructed to dismantle the wall, failing to do so the same within 10 days, the

authority will dismantle the boundary wall and charge the cost for the same from the University. Being aggrieved by this illegal action

of the Respondents, the Petitioner has approached this Hon''ble Court.

The matter was once referred before the Lok Adalat, but since it has not been settled between the parties, the matter has been placed again

before this Court today.

The learned counsel for the petitioner has rightly submitted that the petitioner is ready to accept 20(twenty) acres of land only, besides that the

boundary wall erected by them has to be compensated, to which the learned counsels for the respondents present before the Court referred above

also agreed. Since both the parties agreed with the division of the land, the respondent No. 3 i.e. the Member Secretary, New Shillong Township,

Development Agency, Meghalaya, Shillong is hereby directed to give 20(twenty) acres of land to the petitioner, out of which 50(fifty) acres of land

has already been allotted earlier. The respondent''s Authority concerned is also directed to execute all the documents whatever is necessary within

6(six) months from the date of receipt of a copy of this judgment and order. The beneficiaries such as, the Customs and Excise Department,

represented by the Chief Commissioner of Customs, Shillong and the Reserve Bank of India, represented by the Regional Director, Pan Bazaar,

Station Road, Guwahati are also directed to compensate the costs borne by the petitioner for erecting the boundary wall/fencing. The petitioner is

also advised to construct the structure as early as possible.

With this observation and direction the writ petition is allowed to that extent and stands disposed of.