Meghalaya High Court stayed new rent rates levied by Shillong Cantonment Board

Meghalaya High Court stayed new rent rates levied by Shillong Cantonment Board.

The High Court of Meghalaya has passed a stay order on the new rates of rent levied by the Shillong Cantonment Board (SCB) on existing and expired leases till the next date of hearing. The Shillong Cantonment Board is not a department but an autonomous body under the Ministry of Defence, comprising both military and civil populations.

This was ordered after the Shillong Cantonment Lease Holders’ Association approached the prevailing High Court seeking for a stay on the notice issued by the Board to increase the prevailing standard table of rents in respect of the existing and expired leases.

According to Directorate General Defense Estates, the Standard Table of rents is revised annually in fast-developing Cantonments and triennially for other Cantonments.

The petition was submitted by senior counsel K N Choudhury, assisted by S Sen on behalf of the petitioner due to the exponential rise in the standard table of rents as levied by the Board which compelled the petitioner to approach the court.

Drawing attention to the chart prepared, the senior counsel indicated that the land rent for the property shown therein has risen exponentially. He submitted that the fixation of the standard table of rents is wrong as it has been computed on the value of the land as provided by the district collector, on the market value thereof and the same should be suspended.

However, senior counsel SP Mahanta and M Lyngdoh opposed the prayer for stay straightly pointing out that the standard table of rents is computed on the market value and not on the rental value of the land.

Justice HS Thangkhiew held that the operation of the impugned demand notices issued by the Cantonment Board and the prevailing standard table of rent shall be kept in abeyance till the next hearing.

The petitioner’s association was permitted to file an additional affidavit to bring on record the chart, which has been produced before the court.

The General Secretary of the Association Bipen Pradhan said that the land rent charged by Shillong Cantonment Board was exorbitant and arbitrary in nature. In fact, in many cases, the land rent has been revised on numerous occasions. Pradhan thanked the High Court for providing relief to the leaseholders from the exorbitant rate of rent and added that the association will ensure that the matter reaches its logical conclusion.

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