NGT order on Wahumkhrah: Justice Sen vacates civil court stay
SHILLONG: Stage is set for the demolition of all illegal structures along the Wahumkhrah river as the High Court of Meghalaya on Thursday set aside an earlier interim stay order passed by a civil court against the demolition initiative of MUDA as per the order of the National Green Tribunal (NGT).
“Considering the submission put forward by K Paul, counsel for the respondent, the petitioner is directed to give five days’ time from today to vacate the premises failing which, the petitioner (MUDA) shall be at liberty to take necessary action as per the direction given by the National Green Tribunal,” Justice SR Sen said in his order.
Last month MUDA move to demolish the illegal structures along the Wahumkhrah was stalled after 30 petitioners secured an interim stay from the Civil Court.
The High Court also said that any person aggrieved by any award, decision or order of the Green Tribunal may file an appeal before the Supreme Court within 90 days from the date of announcment of the award, decision or order of the tribunal as per the as per Section 22 of the National Green Tribunal Act, 2010.
“So, it is clear that, an appeal lies before the apex court. Therefore, I am of the considered view that, the Assistant to the Deputy Commissioner, Shillong ( civil court) has no jurisdiction to grant or entertain any petition against the order of the NGT,” the court order said. Earlier, MUDA had issued as many as 200 notices to residents near the Wahumkhrah following the NGT order for removal of illegal structures along the river.
Later, MUDA received responses from them which were further examined.
The demolition notices were issued to several residents after examining the documents of the residents to ensure whether they were legal occupants of the place as per the records of the Revenue department.
It was on January 29 last that the NGT Special Circuit Bench of the Eastern Zone directed MUDA to demolish all the unauthorized constructions along the banks of the Wahumkhrah and Umshyrpi rivers in accordance with the provisions of the law within three months
