SHILLONG: Following the High Court order to include all areas in the state under the MUDA Building Bye Laws, the Meghalaya Urban Development Authority has notified that the building bye-laws 2011 will be operational in Master Plan areas of Shillong.
This is a setback for the KHADC, traditional heads and several political leaders who have been demanding exemption of MUDA building bye laws in rural and scheduled areas.
The High Court of Meghalaya on December 16 through an order extended the jurisdiction of the MUDA Building Bye Laws beyond the Municipal areas. The High Court passed this order while hearing a PIL filed by Tirot Singh Syiemlieh seeking the implementation of the building bye laws in the entire Shillong Master Plan areas.
Through the order, the Division Bench of the High Court comprising Chief Justice Uma Nath Singh and Justice T.N.K. Singh had also stayed the November 5, 2015 order of the Secretary, Meghalaya Urban Development Authority, which had excluded non-urban areas from the purview of the MUDA Building Bye Laws.
However, in a new notification issued on January 21, Secretary MUDA said that the notification issued on November 5 has been withdrawn.
The MUDA secretary also informed the general public that the Meghalaya Building Bye Laws will be applicable as per the Shillong Master Plan with immediate effect.
Earlier, following the pressure from traditional heads under the banner of Synjuk ki Nongsynshar Shnong Ka Bri U Hynniewtrep, the state government had on November 5 last issued the notification exempting the scheduled areas from the purview of MUDA building bye laws.
Before the notification of MUDA Secretary on November 5, following a public meeting organized by HSPDP leader Ardent Basaiawmoit, the Government through a notification on August 21 last year had included 10 census towns and two statutory towns – Shillong Municipality and Shillong Cantonment – under the purview of MUDA Building Bye Laws.
In fact, the government was modifying an earlier notification issued on January 5 this year regarding the applicability of MUDA Building Bye Laws in several areas which are outskirts of the city.
There was also an attempt on the part of the State government to frame separate building bye laws for the rural areas of the State after the MUDA Building Bye Laws were made applicable only to urban areas and census towns.
However, with the fresh order, the Court included all areas in the state under the building bye laws since Meghalaya falls at Zone 5 which is the highest level of seismic activity and the area can experience earthquakes which can be as high as 8/9 on the Richter Scale.
Moreover, according to the mover of the PIL, Shillong is on the slope of the hill and landslide is a common feature in Shillong as a major portion of the hill in Shillong are loose soil and it is necessary to control, regulate and monitor the construction of buildings for the security and safety of its people.
The High Court had observed that as per the bye laws, constructions up to only G+3 are permissible.
In the absence of the Meghalaya Building Bye Laws, the builders can raise high rise buildings, the Court had observed.
The High Court, however, had given liberty to the respondents to file their affidavit-in-opposition within four weeks from December 16 last year while fixing the matter to be heard on March 2.
