The Meghalaya High Court has directed the Defence Ministry to explain the rent revision for cantonment properties in Shillong, which saw an increase from Rs 3 to Rs 13,000 per month.
The High Court passed the order on a batch of petitions filed by lease holders of areas under Shillong Cantonment Board challenging the hike of rent by the Board.
A division bench of Indra Prasanna Mukerji and Justice Wanlura Diengdoh after hearing three appeals from residents in its judgement today directed the ministry to present the basis of calculation of the revised annual rent within six weeks to the residents.
It also directed the ministry to consider objections, if any, of lease holders within two months after the calculation is made followed by a hearing. Thereafter, it can issue formal detailed demand notices claiming the current and the arrear rental with interest and any other levy, if permissible which the lease holders must clear within three months of the receipt of such bills.
The court said until the final demand notices are issued, residents must pay 40 per cent of the arrear demand by December 31, 2025 in full or instalments. Each tenant will continue to pay 40 per cent of the lease rent demand from June, 2025 punctually, it added.
The lease holders had challenged the hike stating that the standard rate has been erroneously and arbitrarily determined and that they are not liable to pay the differential amount of rent.
The High Court while citing two landmark cases of the Supreme Court said, “The proposed increase of valuation should be in public interest shorn of arbitrariness, discrimination and must be fair.”
The court said, “The occupants should also realise that the Defence Department, following most egalitarian and reasonable principles, allowed them to enjoy these valuable properties in the Cantonment area for over a century. They were paying rent of only Rs 3 per month till March, 2022. They have an equal duty to ensure that a reasonable rent is paid by them to the government for enjoyment of these properties.”
