Umkhrah affairs
SHILLONG: Urban Affairs Minister Ampareen Lyngdoh has decided to seek opinion from legal experts over the recent court ruling on the controversial demolition of the alleged illegal structures along Wahum-khrah and its adjoining areas.
“I will seek a proper briefing from legal experts on this whole issue. I need to familiarize myself with the legalities of the matter before deciding on what I should do next,” Ampareen told reporters here on Monday while adding that she would solicit a proper briefing from legal experts on Tuesday.
However, she said that MUDA has not followed certain procedures while issuing the eviction notices.
“It was for this reason the court had set aside the notices in its ruling,” the Urban Affairs Minister said.
She said in 2007 a survey was jointly done by MUDA and the office of the East Khasi Hills deputy commissioner on the illegal structures that have come up along the Umkhrah.
Ampareen however underscored the need to be more vigilant on catchment areas to prevent encroachment.
“Encroachment must stop. We have to be very strict and vigilant to ensure that no one encroaches on catchment areas,” she added.
The assertion comes few days after the division bench of the Gauhati High Court set aside the demolition notices served by the Meghalaya Urban Development Authority (MUDA) on alleged illegal settlers along the Umkhrah River here.
The bench had questioned MUDA’s decision to evict the occupants from the land along the Umkhrah River and its adjoining areas by dismantling the structures on their mere failure to submit the representations/show cause notices within the permitted time limit. “The judgment issued by the division bench of the Gauhati High Court on June 25, 2010 does not convey such sanction,” Justices Amitava Roy and CR Sarma said in their order which was delivered on June 10. On June 25 last year, the division bench of the high court comprising of then Chief Justice RS Garg and Justice BD Agarwal directed MUDA to take stringent action on all illegal structures which have emerged next to the Umkhrah right from Polo to Fourth Furlong areas within 30 days after issuing of the order. The bench on June 10 had also observed that there were several “inherent and irremediable pitfalls” in the eviction notices issued by MUDA on July 5 last year. Moreover the bench observed that “MUDA was required under a constitutional and legal obligation to conduct an independent enquiry before taking a unilateral decision to demolish the structures of the occupants construing the same to be illegal and effecting their ouster from the land in their possession.”