AGENDA - Shillong Cantonment Board

Minutes of the proceedin gs of the Ordinary M eetin g he ld on 1011 0/201 4 at 1200 hours in th e
Office of th e Cantonm ent Board, Shillon g.
Mem bers Present
1.
Bri g. N avjot S in gh
Pres id ent
2.
M s. L. Hrahsel
M e mber Secreta ry
AGENDA
1. MONTHLY STATEMENT OF ACCOUNTS.
To consider and approve the statement of accounts of receipts and expenditure for the months of
April, May & June 2014.
April, 2014
Opening Balance for the month of April, 2014
Add. Coll ection of revenue made during Apri l, 2014
Add Deposit:
Total
Less Expenditure during Apri l, 2014
Less Refund
Closing Balance
Rs. 11471133.31
Rs. 4126268.85
Rs.
0.00
Rs. 15597402.16
Rs. 3761672.00
Rs.
28040.00
Rs. 11807690.16
Rs. 11807690.16
Balance of Service Charges
Rs.
82568901.00
May,2014
Closing Balance
Rs. 11807690.16
Rs. 1598311 .00
Rs 9401531 0.00
Rs.107421311.16
Rs. 2896467.00
Rs. 70077062.00
Rs. 3444 7782.16
Rs. 34447782.16
Balance of Service Charges
Rs. 82568901.00
Opening Balance for the month of May, 2014
Add. Collection of revenue made during May, 2014
Add Deposit:
Total
Less Expenditure during May, 2014
Less Refund
June,2014
Opening Balance for the month of June, 201 4
Add. Coll ection of revenue made during June, 201 4
Add Deposit:
Total
Less Expenditure during June, 201 4
Less Refund
Closing Balance
Rs. 3444 7782.1 6
Rs. 1760528.00
1000.00
Rs
Rs . 362093 10.1 6
Rs.
967953.00
1000.00
Rs.
Rs. 352403 57.16
Rs. 35240357.1 6
Balance of Service Charges
Rs. 82568901.00
Resolution
Considered and approved
2. TENDER FOR COLLECTION OF PARKING FEE RIGHT FROM CANTT. BAZAR
ROAD, TRENCHING GROUND ROAD, T.B. HOSPITAL ROAD AND BOUCHIER
ROAD AND FOR ONE YEAR.
Reference CBR No.2 Dated 25 .08.2014.
To consider and approve the tender for collection of parking fee ri ght from the Cantt. Bazar Road,
Trenching Ground Road, Bouchier Road and T.B . hospital Road.
As resolved vide CBR under reference tender were invited vide this office letter No.
04/EC/CB/SHG/Rev/Collection parking fee/DE I Dated 28.8 .20 14. The tender notice was publ ished in the
daily news paper the Shil long Times on 30.8.2014 and last date for registration & issue of tender
document was upto to 19.9 2014.
As per terms and conditions of tender document approved vide CBR under reference contractors
can quote their rates as per their own estimates and above the reserve price proposed as below:
SL
1
2
3
4
NAME OF PARKING LOT
Cantt Bazar Road
Trenching Ground Road
Bouchier Road
TB Hospital Road
RESERVE PRICE
Rs. 18,00,000/Rs. 11 ,00,000/Rs. 15,00,000/Rs. 2,00,000/-
In response to above, 11 Nos. of tenders forms were purchased by different contractors
out of which the following tenders have been received by this office on 22.09.2014 being the
last date and which were opened by the CEO on 22.09.2014 in presence of the tenderers as per
tender documents.
The sites, name of tenderers/bidder and rate quoted by them the details are
given below. It may also be noted that in each area at least 3 bidders are required to quote their
rates.
SL
No.
I
2
3
4
Name of tenderer
/bi dder
Sh. Droshin g
Lyngdoh
Sh. Yosil Cliff
Mawle in
Smt. Antonette
Sohtun
S. Syiemiong
Cantt. Bazar
Road
Rs. 14,38,000/-
Trenching
Ground Road
Bouchier Road
T.B. Hospital
Road
-
Rs. 4,5 1,000/-
-
Rs . 12,99,996/-
-
Rs . 5, 11 ,000/-
-
Rs. 9,36,000/-
-
Rs. 4,10,000/-
-
-
Rs. 4,25,000/-
-
-
Therefore it can be seen from above, that out of 11 Nos. of tend ers form purchased onl y 4
Nos. of contractor have quoted the ir rates whi ch is below th e reserved price and furth er as per
rules each area requires atl east a minimum of 3Nos. of bidders. Therefore only collection of
parking fee from Cantt. Bazar Road and Bouchier Road can be considered at present and tend er
for collection parking fee from Trenchin g Ground Road and T.B. Hospita l Road may be reinv ited.
Further, the present coll ection of parking fee from Cantt. Bazar Road and Bouchier Road
from present contractor on a monthly basis are as follows:
SL
NAME OF
PARKING LOT
1
2
Cantt. Bazar Road
Bouchier Road
Total
Collection per
month since 151
June 2012 till
present date
1,01 ,692.00
30,834.00
132526.00
New rate offered
by above bidder
per month
Amount
increased per
month
Amount
increased for
the year
1' 19,833.00
42,583 .00
162416.00
18,141.00
11,749.00
29890.00
2,17,692.00
1,40,988.00
358680.00
Therefore it can be seen from above, that the collection of parking fee for the last two
years have not increased which has led to financial loss to the Board and though the rate quoted
by the above tenderer/ bidders for collection of parking fee from Cantt. Bazar Road and Bouchier
Road is below the reserved price it is suggested that the rate quoted by Sh. Droshing Lyngdoh
and Sh. Yosil Cliff Mawlein for Cantt. Bazar Road and Bouchier Road respectively may be
considered as their new rate is higher than the present collection and will enhance the revenue of
the Board considerably for the current financial year.
Re levant papers are placed on th e tabl e for consideration please
Resolution
Considered at length. The Tenders for Auction of Parking fee were invited three times
and it was resolved th at Tender for Trenching Ground Road and T.B Hospital Road be re invited
and th e 11 Tend erers who had purchased the Tender form s may al so be informed for retender of
parking fee auction ri ghts for Trenchin g Ground and T .B Hospital Road.
Rate quoted by Sh. Droshin g Lyn gdoh of Rs 14,38,000.00/- for Cantt Bazar Road and
Rs 5,11 ,000.00/- for Bouchier Road quoted by Sh. Yosil C liffMawl ein are approved.
3.RENEW AL OF LEASE OF HOLDING NO. 31JB AND DELETION OF NAME OF
SHRI. MADAN KUMAR SUBBA
It is submitted that durin g the prev ious renewal of lease the Cantt. Board has
recommended renewal in favour of 6 applicants w ho had applied for renewal and the sanction of
GOC-in -C for renewal of lease was according ly issued vide letter No .3 61695-LC4 dated
I 1.07. I970.
However, th e five lessees vi z., Hari Maya Subba, Basudev Subba, Urmila Subba, Mani
Kumar Subba and P. K. Subba requested the Chi ef Executive Officer, Shillong Cantonment to
mutate and execute the renewal lease deed in their names vide their letter dated 20.07. I 971 since
Sh. Madan Kumar Subba was not takin g any interest for renewal · and he is not staying in
Shillong but relocated to Nepal. Accordingly the matter was placed before the Civil Area
Committee who vide Resolution No.3 dated I 5.9. I 97I and it was resolved to renew the lease in
five names i.e Hari Maya Subba, Basudev Subba, Urmila Subba, Mani Kumar Subba and
P.K.Subba.
Further, Sh. Madan Kumar Subba has not raised any objection on the renewal of lease in
above five co-lessees viz Hari Maya Subba, Basudev Subba, Urmila Subba, Mani Kumar Subba
and P.K.Subba during that period.
The lease of the above subject holding expired on 3 I .3. I 992 and accordingly proposal for
renewal of lease was submitted. On scrutiny of the proposal the higher authorities has raised an
observation for deletion of name of one co-lessee Sh. Madan Kumar Subba and as to whether
there will be any legal implication or the legality of earlier action and if the lease which expired
on 3 I .3. I 992 can be renewed without including the name of Sh. Madan Kumar Subba or will
there be any irregularity.
The matter was referred to CBLA for his opinion who opined that a fresh public notice
may be published. After vetting of the public notice by CBLA the same was published in two
Newspaper inviting objection within 30 days for deletion of names of Madan Kumar Subba from
the lease hold rights of Holding No . 3 IJB. No objection was received within 30 days. Hence the
matter is placed before the Board for consideration
Relevant papers are placed on the table.
Resolution
Adequate notices were issued inviting objection for deletion of nam e of Sh. Madan
Kumar Subba from the lease hold rights of Holding No. 31JB and no obj ection was received
during the notice period. Hence considered and resolved that Status quo to be maintained and
Resolution taken vide CBR No.3 , dated- I5.9.I97I stands in force.
4. RENEWAL OF LEASE OF HOLDING NO 54JB SY NO. 135/58
The lease of Holding No . 54 JB , Sy. No. 135/58 expired on 31.3.1992. A proposal for
renewal of lease was submitted to GOC-in-C, Eastern Command vide this office letter No.
04/EC/CB/SHG/Land/54JB/135-5 8/DE, dated-20.2.20 13 . While submitting the proposal for
renewal the following observations were reported.
1.
2.
3.
4.
There
There
There
There
exists no unauthorised construction.
exists no encroachment
is no sub division of site
exists change of purpose by way or running a grocery shop.
A Notice vide letter No. SHG/7/54JB/256, dated-3 0.6.20 14 was issued to stop
commercial activities/change of use of building and to bring the said holding to its original use.
In reply to the above letter one ofthe lessee of above holding submitted a reply on 4.7.2014 and
enclosed a copy of DG letter No. 66/1 /C/DE/2003, dated-21.4.20 11 and requested to withdraw
the letter issued by this office. Again on 31.7.2014 he has submitted a letter in continuation to his
letter dated-4.7.2014 stating that he had applied for conversion of lease to Commercial-cumResidential without praying for condoning of breach of lease _condition and requested that if he
has violated the rules or caused breach of lease condition it may be condoned.
This office vide letter No.04/EC/CB/SHG/Land/54JB/135 -5 8/DE, dated-17.9.2014
informed the lessees that the letter of DG, DE, New Delhi which was enclosed by him with his
letter dated-4.7.2014 is for the purpose of taxation and not for breach of lease condition and in no
way does it imply/confer permission for commercial activities and directed to stop commercial
activities.
In this connection CLAR Scheduled VIII Clause II is reproduced below:
Provided laws that if any part of the rent hereby reserved shall be in arrear or unpaid for
one calendar month next after any of the days whereon the same shall have become due whether
the same shall have been demanded or not or if there shall have been in the opinion of the
Military Estates Officer/Cantonment Board any breach by the lessee/lessees or by any person
claiming through or under him/them of any of the covenants or conditions herein before
contained then and in such case the lessor may notwithstanding the waiver of any previous cause
or right or re-entry enter upon any part of the premises hereby demised or of the buildings
thereon in the name of the whole and thereupon the said premises and buildings shall remain to
the use of and be vested in the lessor and this demise shall absolutely determ ine and the
lessee/lessees shall not be entitled to any compensation whatever.
All relevant papers are placed on the table for consideration.
Resolution
Considered and resolved th at since the lessee of Holding No 54JB has violated the lease
condition and is carrying out commercial activities in the holding by violation Clause 6 of lease
agreement, proposal be submitted to the competent authority fo r determination of lease.
5. RENEWAL OF LEASE 7 JB SY NO. 135/23
The lease of Holding No. 7 JB expired on 31.3.1992. A proposal for renewal of lease was
submitted
to
GOC-in-C,
Eastern
Command
vide
this
office
letter
No .
04/EC/CB/SHG/Land/?JB/135-23/DE. Dated-6.2.2013. Whil e submitting the proposal for
renewal of lease the following observations were reported.
1.
There exists change of purpose.
2.
There exists unauthorised construction.
3.
There is no sub-division of site.
4.
There exists no encroachment.
The PO, DE, EC vide letter dated-12.5.2013 asked certain clarification which were
replied vide this office letter No. 04/EC/CB/SHG/Land/7JB/135-23/DE, dated-25.2.2014. In this
connection it is submitted that one ofthe lessee has filed a petition before the Hon'ble Court of
Assistant District Judge for unauthorised construction. Further the lessees were directed vide this
office letter No.04/EC/CB/SHG/Land/7JB/135-23/DE, dated-31.7 .2014 to stop commercial
activities. The lessee vide letter dated-8.8.20 14 intimated that they are running a small shop in
front of their holding to support their family. As directed by the PO, DE, EC vide their letter
dated-22.4.2014 matter was referred to CBLA for his opinion vide letter dated-15.7.2014 as
regards to the action to be taken for termination of lease. The CBLA vide letter dated-30.7.20 14
opined that in view of the pendency of the case the matter may be kept pending till the decision
ofthe case.
All relevant papers are placed on the table.
Resolution
Board has noted that with regard to unauthorised construction there exist pending petition
before the Hon ' ble court of Assistant District Judge. However, there is also a breach of lease
condition by way of change of purpose i.e as per Schedule VI Clause (c) .
Enough opportunity was given to the lessee to stop commercial activities in the said
holding but commercial activity continues till date. Therefore it is resolved to send a proposal for
determination of lease to the competent authority.
6.RENEW AL OF LEASE OF HOLDING NO. 23JB SY NO. 135/42
The lease of Holding No. 2318 expired on 31.3.2000. A proposal for renewal of lease
was submitted to GOC-in-C, Eastern Command vide letter no. 04/EC/CB/SHG/Land/2318/13542/DE, dated-20.2.20 13 . While submitting the proposal for renewal of lease the following
observations were reported.
1.
There exists unauthorised construction.
2.
There exists change in purpose.
3.
There exists no encroachment.
4.
There is no sub-division of site.
In this connection it is submitted that the lessee of Holding No 2318 preferred an appeal
before the PO, DE, EC. The PO, DE, EC, vide order No. 363049/SHG/NT/2318/LC-3,
dated-18.9.2013 rejected the appeal a copy of which was also provided to the lessee vide letter
No. SHG/7/appeal/2013/1786, dated-25.1 0.2013 and further action is in hand for demolition.
As regards carrying out commercial activities in the holding the lessee was asked vide
this office letter No. 04/EC/CB/SHG/Land/2318/135-42/DE/2633 , to stop the commercial
activities and to bring the said holding to its original use. One of the co-lessee vide letter
dated-7.8.2014 requested to take up the case to the Competent Authority to convert the lease
hold rights of his holding to Dwelling-cum-Commercials and has also requested all actions
envisages in this office letter dated-31. 7.2013 may please be held in abeyance.
All relevant papers are placed on the table for discussion.
Resolution
Considered and resolved that the lessee has violated the condition of lease terms by
carrying out commercial activity within the lease hold rights. Enough opportunity was given to
the lessee to put the holding to its original use which the lessee has failed to comply with. It is
therefore resolved that a proposal for determination of lease be submitted to competent authority.
7. RENEWAL OF LEASE OF HOLDING NO 26JB SY NO. 135/45
The lease of Holding No 26Jb expired on 3I.3.I992. A proposal for renewal of lease was
submitted
to
GOC-in-C,
Eastern
Command
vide
this
office
letter
No.
04/EC/CB/SHG/Land/26JB/135-45/DE, dated-27.2.2013 . Wh il e submitting th e proposal for
renewa l the following observations were reported.
I.
There exists unauthori zed construction
2.
There exists no encroachment
3.
There is no sub-divi sion of site
4.
There exists change of purpose by way of runnin g Snacks selling shop .
This office vide letter No. 04/EC/CB/SHG/Land/26JB/135-45/DE/2634, dated-31.7 .2014
directed the lessee to stop carrying out commercial activity/change of use of building and to
bring the said holding to its original use. One of the Co-lessee vide letter dated-7.8.20I4
submitted a reply stating that his tenant is using one room in the evening for selling fast food to
support her family and requested to consider the case for renewal of lease.
The SI of this office was also sent to inspect the said holding and as per her report the
holding is being used for commercial activities only in the evening.
All relevant papers are placed on the table
Resolution
Considered and resolved that there is lack of clarity on whether commercial activity is
being carried out within the lease holding. Therefore Sanitary Inspector may re-asses and verify
on ground and report the same to the Board.
8.ANJALEE CINEMA HALL, BUNGLAOW NO. 25 SY. NO. 35/1: COMMITTEE
REPORT
Reference progress report on Agenda Dated-28.I.20I4 placed before the cantonment
Board in its ordinary meeting held on 30.4.2014.
A committee was constituted consisting of Col. Rohit Pant, Col Q Lands HQ I OI AreaPresiding Officer, major Savya Sanchi, GE and Representative from NHAI/PWD/CE Shillong
Zone as members of the committee to confirm that the points highlighted in CBR No. 5 dated1.12.20 li i.e (I) that only Cinema Hall and Restaurant will be constructed as per the original
plan of 1962 (2) that Multi Screen facility will be allowed and (3) Security/safety measures
regarding any emergency should be included in the plan as per Govt guidelines on the subject for
Cinema Hall have been fully complied with.
Accordingly, this office letter NO. SHG/7/B.No.25/24I3, dated- I2.5.2014 had requested
Col. Rohit Pant, Presiding Officer of the committee to take necessary action accordingly.
Co l. Rohit Pant, Presiding Officer vide his letter No. 22070/Cantt BD/Q3 (H) dated18.6.2011 has submitted the report of Board of officers to confirm compliance of the points
highlighted in CBR No. 5 dated- 1.12.20 11.The report of the committee is reproduced below:
1.
The Board of officers pursuant to order assembled on 23.5 .2014 and went through the
plan approved by Cantonment Board Shillong on 28. 1.2014 (CBR NO. 5/Shillong/20 11/04 Sheet
No. 1 &2) and the previous building plan approved in 1962. The Board thereafter visited the
actual site.
2.
Observations by the Board
(a)
The buildings is being constructed as per approved site plan, however, on the left
side of the building facing the road leadin g to Bara Bazar the plan indicates full glassing
wh ereas during the on site visit it was noticed that in the lower basement there were
rolling sh utters.
(b)
The overall building size has not been increased.
(c)
The internal modification is as per plan approved.
(d)
There are no shops being constructed in the building.
(e)
Two cinema Halls along with food court & toilets are being constructed at
present. There is a provision for escalator and lift and scope left for future expansion of a
third cinema hall. All emergency & safety measures are being incorporated as per plan
approved .
3.
Recommendation of the Board. The Board recommends that Mr. Arvind Goenka be
asked to remove the rolling shutters and replace them with g lass as per plan approved.
Hence to consider the report, relevant file is placed on the table.
Resolution
Considered and resolved that the lessee of Bungalow No. 25 be asked to remove the
shutters and replace them with glass as per approved plan. He shall submit his confirmation
within 30 days of receipt of the communication from Cantonment Board office.
9.REPAIRS AND MAINENANCE WORK
To Consider and approve the following estimates for repairs and maintenance work
The estimates have been proposed on the basis of MES SSR 20 10
SINo
Name of Work
Estimated Cost (Rs)
1
Painting of Cantonment Board office building
I ,75,000.00
2
Repairing and extension of Watch Room
1,07,000.00
3
Extension and repairs of CEO's Residence
49,000.00
4
Extension and repairs of Verandah of Cantt Board office building
80,000
5
Laying of concrete within Cantt Board office premises and laying of 2,40,000
interlocking tiles in verandah of Cantt Board office premises
6
Site Development and construction of Boundary Wall along Holding
No. 3 IJB for Cantt Board Community Hall
6,00,000
premises at Jhalupara
Bazar
7
Laying of interlocking paver over approach road to Cantt Board JRG
2,25,000.00
Hospital
8
Repairing and laying of interlocking paver over pathway starting
2,45,000.00
from steps near H. No. 34CB towards Bara Bazar to Cantt Bazar road
9
Improvement of Footpath along both side of road sta1iing from the
7,38,400.00
gate near Bungalow 12 Cantt to junction near MES power house
10
Repair and improvement of footpath running along the roads within
3,00,000.00
Pine walk area of Shillong Cantt
All the above works may be executed through the existing Contract Agreement executed
with the Contractors during 16.12.2013 which will expire on 15.12.2014.
Relevant papers are placed on the table.
Resolution
The estimates placed before the Board are approved. The works may be executed through
existing Contract agreements.
Office Superintendent
Shillong Cantonment Board

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