Friday, April 4, 2025

HC sets aside demolition order

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Wahumkhrah encroachment

By Our Reporter

SHILLONG: Giving a temporary relief to the alleged illegal encroachers along Wahumkhrah river, the Gauhati High Court has set aside the demolition order served by the Meghalaya Urban Development Authority (MUDA), but upheld the MUDA bye-laws to identify illegal structures.

After a long wait of over six months, the court on Friday gave its final verdict in favour of the petitioners represented by Greater Iew Polo Welfare Association (GIPWA), setting aside the MUDA notices for demolition of illegal structures along Wahumkhrah river.

Though the 100 pages plus final judgment provided the GIPWA a huge relief, upholding of the MUDA bye-laws has kept the doors open for MUDA to issue the fresh demolition notices by following proper procedures.

Justices Amitava Roy and CR Sarma had reserved their verdict after hearing the arguments of the legal counsels of both the parties on January 11 last year. The GIPWA had filed the petition questioning the demolition notices by MUDA last year.

Pending the final verdict, the Division Bench of the court had ordered status quo on the issue.

The demolition drive against “illegal structures” along Wahumkhrah river and its adjoining areas like Polo was stopped by a stay order from the court in June last year.

Several organisations like the KSU, FKJGP, CSWO and others had relentlessly backed the government on the issue to demolish the illegal structures.

Last year, the then Urban Affairs Minister Founder Strong Cajee had hinted that the Government would approach the Environment Bench of the Supreme Court if the Gauhati High Court delivered an “unfavourable judgement”.

A demolition drive on all illegal structures along the river from Polo to Fourth Furlong was carried out in 1995-96 when James Marvin Pariat was the then Urban Affairs Minister and Prashant Naik was the Deputy Commissioner of East Khasi Hills.

However, the demolition drive apparently led to the defeat of Pariat during the 1998 Assembly polls where then BJP candidate and present Congress member and GAD Minister AL Hek emerged victorious.

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