Ban on construction activities within 50 metres of Umiam’s mean high level

SHILLONG, Feb 23: The division bench of the High Court of Meghalaya has directed the state government and the Autonomous District Councils to remain vigilant to ensure that there is no construction of any nature within 50 metres from the mean high flood level of the Umiam Lake on all sides.
The court was hearing a PIL in relation to the cleanliness of Umiam Lake, on Wednesday.
After examining the detailed status report filed by the Secretary, Forest and Environment department, the court said, “In view of the Sixth Schedule to the Constitution and the autonomy granted to the district councils, there is a limitation on the authority of the state per se to take up matters which pertain to the jurisdiction of the district councils, including the use of land.”
The Advocate General submitted that there is a Meghalaya Town and Country Planning Act, 1973 and the autonomous councils are obliged to frame rules thereunder to regulate land use, the purpose of use, future planning and the like.
“It appears that the regulations may not have been put in place by some of the district councils to preserve the land, particularly those around the various water-bodies in the state. It is equally possible that regulations are in place but are not implemented in the right spirit. The state government should make every endeavour to call upon the autonomous councils to preserve the environment and ecology and take appropriate measures that check the desecration of land or wanton construction or any form of construction without obtaining clearance, and such clearance be issued upon scientific study as to the impact on the environment and the like,” the division bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh said.
The court said it is imperative that the state calls upon all the autonomous district councils to address the matter on an urgent basis to preserve the delicate ecology, the pristine environment and the purity of the water bodies here.
The Amicus Curiae appointed by the court submitted that a report had been prepared some time back, and even approved by the Central Pollution Control Board, pertaining to the cleaning and rejuvenation of certain rivers in the state, including the Wahumkhrah and Umshyrpi.
The court said that if there is such a report in place and since the pollution of the waters is not created by any industry and may, thus, be reversible, the government is requested to take immediate appropriate measures, including making the people aware and requiring them to change their habits so that the quality of the water bodies, particularly flowing water, is not contaminated and allows the downstream users thereof the opportunity to avail of the same.
According to the court, the matter will no longer be confined to the Umiam Lake, though the largest water body in the state will call for special attention, adding the matter may be treated as one pertaining to all the water bodies in the state and the immediate need to preserve, protect and rejuvenate the same, if necessary.
The Court also noticed that, almost by way of a knee-jerk reaction to this matter pending in the court, a notification has been issued by the state government on February 22, 2022 declaring the Umiam Lake and its surrounding areas as a wetland and prohibiting any construction of permanent nature, except for boat jetties, within 50 metres from the mean high flood level of the Umiam Lake in Ri-Bhoi district.
“However, such notification leaves a lot to be desired, particularly since all the land covered by the Umiam Lake and the surrounding areas, which may go underwater seasonally, have not been appropriately described or demarcated,” the order stated.
It was submitted on behalf of the state that the task of demarcating the land and precisely indicating the same has been left to the Committee which has been recently constituted.
In the meantime, and before the exercise is completed by the Committee and the same is formalised by the state, it is imperative that the state and the autonomous district councils respectively be vigilant to ensure that there is no construction of any nature within 50 metres from the mean high flood level of the Umiam Lake on all sides.
It was submitted on behalf of the Khasi Hills Autonomous District Council that the Meghalaya Town and Country Planning Act, 1973 may not apply to the areas under the control of the district councils and that the district councils enjoy a level of freedom on how land use may be permitted or regulated.
“Whatever may be the case, no district council, irrespective of the authority that it possesses, has a right to allow the destruction of the environment or the wanton use of land without imposing reasonable restrictions to ensure that the environment and ecology remain undisturbed. If the autonomous councils fail in such regard and appropriate rules are not put in place or they are not reasonably interpreted, it may call for greater interference by the court in such regard,” the order said.
“It is the submission of the state that in terms of paragraph 12A of the Sixth Schedule to the Constitution, the State Act holds primacy over the laws that may be made by the autonomous councils. This aspect of the matter may be required to be addressed later in course of these proceedings,” the order said.
“Let the matter appear six weeks hence for a preliminary report to be filed by the State pursuant to the deliberations of the Committee, which has now been put in place, and the action taken by the government pursuant to its recommendation,” the court said.