SHILLONG, Nov 15: The High Court of Meghalaya has directed the state government to ensure that an alternative site is discovered for the already overflowing waste-dumping site and that no liquid or any other form of waste seeps into the already toxic waters of the Umiam.
The court issued the direction after hearing a PIL on the cleanliness of Umiam.
The court observed that the Khasi Hills Autonomous District Council and the state government are now serious about protecting the waters of Umiam and the pristine environment surrounding it.
Further, it observed that apart from some of the existing monstrous constructions around the Umiam Lake, several others have come up in recent times or are in the process of coming up and such construction in gay abandon and with little respect for the sylvan surroundings and aesthetics would have continued had it not been for the present proceedings instituted.
According to the court order, a report filed by the State on November 14 this year and authored by the Meghalaya State Pollution Control Board (MSPCB) revealed that all three ongoing construction projects, which attracted the attention of the court, do not comply with any norms necessary for buildings coming up by or near the lake.
A private forum by the name of Meghalaya Tourism Development Forum, comprising prominent members of the society, including leading architects, sought leave to intervene.
The court said, “Such forum will be heard and is requested to take a leading role in assisting the Court in the present proceedings.”
During the hearing, the District Council submitted that the local Dorbars may have granted initial permission for the three major constructions to have come up, just as permission may have been obtained by the car showrooms on the other side of the road from the Umiam Lake, but the waste generated at the operating commercial ventures and likely to be generated at the others coming up would either pollute the lake waters or the river waters on the other side since none of them has appropriate sewage treatment or effluent treatment plants or waste management plans in place.
The State submitted that under the existing laws, an environment impact assessment has to be made before commercial ventures can begin any construction, particularly close to any water body, pristine forest or woodlands.
Further, the State submitted that there is room to prosecute persons who may have commenced construction and thereafter applied for permission, irrespective of getting clearance from the local authorities for such purpose.
The State was asked to report on the steps taken in such regard so that the would-be perpetrators are discouraged from embarking on any similar misadventure.
The report by the MSPCB following the joint inspection carried out on November 10 with the District Council pursuant to a previous direction of this Court indicated strict conditions proposed to be imposed in respect of Moon View Cafe, Ri-Shat Sngi Orchid Resort, Ever Banalari Guest House and Hills Cafe apart from M/s Megha Automative LLP and M/s Highland Toyota and M/s Rockland Motors LLP.
The report also dwelt on the strict norms to be imposed on other hotels and resorts surrounding the Umiam Lake.
Both the State and the District Council agreed that till such time that norms are in place in consultation with experts on environment, local citizens, architects and planners, the subsisting injunction should continue. They suggested that it is only when all the upcoming commercial ventures indicated in the report furnish undertakings to comply with all norms and conditions set, they may be allowed to function.
According to the court, similarly, the car showrooms, resorts and hotels that have already commenced commercial operations should also be appropriately advised by the state government and the District Council to take requisite measures to ensure that the beauty, the environment, the waters of the lake and the rivers are not affected by their presence or continuing operations.
“For those commercial ventures which have already commenced their operations, the State, through the State Pollution Control Board or other agencies, and the District Council should afford them reasonable time to comply with strict norms and guidelines and, any failure to adhere to the same within such reasonable time, may result in the commercial operations being suspended,” the court ordered.
The private forum, which was heard and added as respondent No.6, submitted that although building norms have been introduced in the state, they are urban-centric and building norms for construction in rural areas, particularly keeping in mind the distance from sacred groves, water bodies and environmentally or ecologically-fragile natural spots, have not been taken into consideration.
During the hearing, the State agreed to engage experts to ensure that the pristine environment still surviving is not overrun in the name of development or in the promotion of the tourism industry.
“The need for sustainable development cannot be over-emphasised and the State and District Council should take local citizens, experts and planners on board for formulating norms for future construction or for laying down guidelines for protection of water bodies like the Umiam Lake, whether generally or in respect of specific lakes and rivers,” the court said.
Appearing for Moon View Café, K Paul, upon a query raised by the court, submitted that no construction activity has been continued at the unfinished Moon View Cafe in view of the subsisting injunction in the present proceedings. However, the court said, construction activities were noticed at the site in plain view in recent times.
The court asked the state and the local police to ensure that the injunction on further construction activity in terms of the orders passed in the present proceedings is not violated.
VGK Kynta appearing for the District Council indicated certain fears expressed by villagers who were displaced at the time that the Umiam Lake was created. For a start, villagers and their ilk indulge in better practices than urban animals, the court order read.
“…the subsisting injunction pertains to future construction and not to settlements already established. The District Council will do well to allay the fears of the villagers and look into formulating guidelines and norms for expansion of the settlements without affecting the environment,” the order further read.
The court hoped that the State, the District Council and informed citizens will cooperate in ensuring that the natural beauty of the state and its vistas are preserved for the future generations and are not lost at the altar of a quick buck or in the name of development.
