SHILLONG: The Meghalaya High Court on Thursday, has disapproved and quashed a notification issued on May 30, for the constitution of ‘High Level Apex Supervisory Committee’ to oversee and monitor the efficient management of cleanliness in and around Shillong, in addition to waste disposal in different parts of the city.
During the hearing, the Court said that when the civic authorities were found falling short of attending on their duties and bringing about a reasonable level of cleanliness and hygienic conditions, this Court indicated the desirably of co-ordination and synergy of different role players/departments as regards municipal functions in Shillong, agglomerate, that has expanded much beyond the areas within the jurisdictions of the Shillong Municipal Board.
In response to these suggestions, the Government in its Urban Affairs Department came up with a notification dated 30.05.2017 whereby, a so called ‘High Level Apex Supervisory Committee’ has been constituted. The Court while observing it as strange said that the Supervisory Committee comprises of the Additional Chief Secretaries/Principal Secretaries of various Government departments like Health and Family Welfare, Mining and Geology, Forest and Environment, Urban Affairs, Commerce and Industries, Water Resources, PHE, and District Council Affairs.
Apart from these, the Chief Secretary is the Chairman of this Committee and the Secretary, Meghalaya Urban Development Authority, the Deputy Commissioner, East Khasi Hills, the Chief Executive Officer, Shillong Municipal Board, the Chief Executive Officer, Shillong Cantonment Board, and the Secretary, Khasi Hills Autonomous District Council are the other members.
As per the affidavit, the Government has approved of co-opting the Secretaries of all the District Councils within the State and the Syiems of different Himas as members of the Committee.
However, no such indication of co-option of any member is found in this notification.
The Court was absolutely at a loss to find the rationale that the principal secretaries or alike ranking officers of 8 different departments have at all been included in a Supervisory Committee to ensure efficient management of cleanliness.
“This proposition prima facie give an impression that even the Government has failed to show the requisite seriousness towards ensuring that all the role players would attend on the tasks so to ensure cleanliness in the city,” the order said.
On perusal of the record it appeared that earlier, a Co-ordination Committee to monitor the implementation of Environment (Protection) Act, 1986 was constituted by the Government in its Forest and Environment Department on January 1, and several of the constituents of the said Committee have been made the constituents of the Supervisory Committee in the notification dated 30.05.2017 in an absolutely perfunctory manner.
“We are constrained to deduce from the manner in which the notification dated 30.05.2017 has been issued that the issue relating to cleanliness and hygienic conditions of Shillong has not been viewed with requisite seriousness by the Government of Meghalaya,” the Court observed.
The Court also found it strange as per the notification dated May 30, the said Supervisory Committee would sit once in three months.
The Court observed that such a Committee, if to be constituted, ought to be comprising of such minimum number of members, who are directly responsible for municipal/civic services in the particular areas and apart from the Chief Secretary as Chairman, the Committee may be consisting of the Secretary, Meghalaya Urban Development Authority, the Deputy Commissioner, East Khasi Hills, the Chief Executive Officer, Shillong Municipal Board, the Chief Executive Officer, Shillong Cantonment Board and the Secretary, Khasi Hills Autonomous District Council and If at all necessary, a proposition for co-option of one or two members may be made as the Committee may find necessary.
The Court however left it open for the Government to constitute the Supervisory Committee while keeping in view the observations foregoing and the said Committee would be under the mandate to meet regularly at least once in a week and to review the status of the cleanliness of Shillong city.
“The reports of the meetings of such Committee shall be placed before this Court on the next date. The Chief Secretary, while acting as Chairman of the said Supervisory Committee, shall be under the specific mandate to identify the persons/staff/officers found wanting in attending on their duties and to take strict action in accordance with law against each of the defaulting persons/staff/officers,” the order added.
The Court also said that the reports on the action taken by the Chief Secretary shall also be placed before this Court and the constitution of the new Supervisory Committee shall be notified by the Government by Friday without fail.
The matter along with the connected matters has been listed for hearing on June 20.
