Building law controversy
SHILLONG: Slamming the State Government for declaring the Khasi Hills Autonomous District (Land Development and Building) Regulation, 2015, as unauthorized the KHADC Executive Committee, with the support of all the MDCs, unanimously resolved to approach the High Court of Meghalaya to challenge the decision.
Following a meeting of the Executive Committee and an all-party (MDCs) meet here on Monday, KHADC CEM Pynshngaiñ N Syiem informed that Executive Member in charge Town Committee, Neil Antonio War has been assigned with the task to consult legal experts before approaching the High Court to challenge the decision of the State Government.
The Government had on Friday last issued a notification declaring the “Khasi Hills Autonomous District (Land Development and Building) Regulation, 2015” as “unauthorized”.
Terming the decision as unexpected, Syiem recalled that during the marathon meeting between the MDCs and Urban Affairs Minister Ampareen Lyngdoh which lasted for over two and half hours Law department Secretary, LM Sangma assured that the Government will provide the relevant documents to prove that the KHADC has given its consent to implement the Meghalaya Building Bye-Laws, 2011 in the areas falling under the jurisdiction of the Council.
“We are really disappointed by this decision of the State Government since it has come at a time when we were trying to resolve this issue in a cordial manner,” the KHADC CEM said.
He said that instead of coming up with the notification, the Government should have asked the KHADC to figure out if there was any such document which showed that the Council had given its consent on the issue.
“By declaring the Land Development and Building Regulation of the Council as unauthorized, the State Government has proved that it does not have any documents to show that the Council had given its consent for implementation of the building bye-laws of MUDA in the scheduled areas,” Syiem said.
Referring to the United Khasi-Jaiñtia Hills District (Establishment of Town Committee) Acts 1960, he said that there is a provision in the Act which states that the building regulation in the areas falling under the Council should be done by the Town Committee.
“We had issued the Executive Committee (EC) order to amend Section 8 of United Khasi-Jaiñtia Hills District (Establishment of Town Committee) Acts 1960 which will empower the Executive Committee to implement the building regulation in places where the Town Committee is yet to be constituted,” the KHADC CEM said.
“We passed the EC order as per the Assam and Meghalaya Autonomous Districts (Constitution of District Council) Rules, 1951. After the approval of the EC, we sent it to the Director of Printing and Stationery department of State government to publish the matter in the Meghalaya Gazette. The request to publish the matter in the Meghalaya Gazette has been done as per paragraph 11 of the Sixth Schedule which states any rules and regulation passed by the Council can be sent for publication in the gazette,” he said.
The KHADC CEM further stated that the Council is not bothered about the criteria or the laid down norms in the Meghalaya Printing Press since it is for the State Government to deal with the matter.
He further maintained that the Council has followed the procedures as was done in the past.
“We had also followed the same procedure for publication of the Khasi Hills Autonomous District (Appointment and Succession of Chief and Headmen) Rules, 2015. But so far the State government has only touched the Khasi Hills Autonomous District (Land Development and Building) Regulation, 2015. We are not very sure if the Government would also declare Khasi Hills Autonomous District (Appointment and Succession of Chief and Headmen) Rules, 2015 as null and void,” he said.
Meanwhile, the KHADC CEM also said that in future the EC will approach the court if any higher authority questioned the policy of the Council.
He asserted that he had faith that the MDCs will stand united on any issue that affected the Council.