SHILLONG, Sep 26: The High Court of Meghalaya has directed the state government and the Khasi Hills Autonomous District Council (KHADC) to take immediate steps against the “offending” construction works near the Umiam Lake.
It ordered that notices be sent to Philosopher Iawphniaw and B Khongwar, owners of Moon View Café and Ever Banalari, which is a restaurant-cum-guesthouse, respectively.
The court pointed out that its September 12, 2022 order, pertaining to the cleanliness of the Umiam Lake, referred to the state government’s submission that two buildings were constructed by the water body without necessary permission or clearance.
“Indeed, two separate works of construction on the lake side of the Guwahati to Shillong highway, and to the left if one were to go from Shillong to Guwahati, were in plain view and such construction works have been going on over the last several months,” the order said.
It further stated that since the land at both sites may have been owned or under the control of the KHADC, it ought to indicate the character of the two ongoing construction projects.
The court said the KHADC had referred to two notices, dated September 16, 2022 and September 21, 2022, which were issued to the owners of the perceived offending construction works.
“The earlier of the two notices has been issued to one Cannyson N Marbaniang, said to be the owner of Hills Cafe which is next to the Mahindra showroom. Such notice has also been issued to Philosopher Iawphniaw, said to be the owner of Moon View Cafe. The later notice has been issued to B Khongwar, owner of Ever Banalari (restaurant-cum-guesthouse),” the order said.
It was submitted on Marbaniang’s behalf that the Hills Cafe is on the hill side of the road. The KHADC agreed with the submission and said the notice issued to Marbaniang was possibly a mistake.
“However, it is submitted on behalf of the State that Hills Cafe, even if it is on the other side of the road from Umiam Lake, has been constructed without obtaining any license or permission and the State Pollution Control Board has serious reservations pertaining to the construction and activity undertaken at the site,” the court said.
It said since the KHADC submitted that the two construction works by Iawphniaw and Khongwar are illegal and unauthorised, both the State and the KHADC should take immediate steps in accordance with law.
“Let immediate notices be issued to Philosopher Iawphniaw, owner of Moon View Cafe, and B Khongwar, owner of Ever Banalari (Restaurant cum Guest House), with the intimation that the matter will be taken up on September 29, 2022,” the order stated.
The court asked SP Mahanta, who is assisting it as amicus curiae, to ensure that the copies of the court’s order immediately reach the owners of Moon View Cafe and Ever Banalari.
“If the owners, in the usual style, attempt to dodge the service, copies of the notices should be prominently pasted on the outer walls of the two construction works for the owners to be deemed to have due notice thereupon…
“Photographs will be taken of the notices being pasted on the outer wall, if the owners or the owners’ associates seek to evade receipt of the copy of the order,” the order further stated.
