SHILLONG, July 19: The High Court of Meghalaya on Wednesday said the government should not destroy the natural beauty of the state in the name of promoting tourism.
The court made the remarks after the state government had “disclosed” the Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023 by way of an affidavit during a hearing of a PIL filed in connection with the cleanliness of the Umiam Lake.
The court observed that the guidelines do not deal with the most serious aspect of buildings and construction, mushrooming around waterbodies.
“Though the guidelines indicate that garbage, trash and debris may not be dumped into the waterbodies, it is surprising that the guidelines are issued without indicating how far away from the high-water level of every waterbody construction may be permissible,” a division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh said in an order.
According to the court, some of the suggestions given by the expert committee have been indicated in the affidavit but there is no clarity how such suggestions have been given legal force.
It was submitted by one of the respondents that certain important suggestions were given to ensure that the flora and the fauna around the waterbodies were not devastated in the name of promoting tourism or undertaking constructions but these were not taken into account by the government.
The court said the guidelines, introduced by the government and disclosed in the affidavit, fall woefully short of expectations or measures necessary to protect the waterbodies, particularly the Umiam Lake.
“The fragile biosphere and the ecology of the State have to be protected even as, on a daily basis, large chunks of forestland are being appropriated for human habitation or use. The State must indicate the measures taken by it to arrest deforestation as stretches along the highways all over the State reveal felling of trees and more and more of the mountain being chopped off for construction purposes,” the court said in the order.
Further, it ordered that the natural beauty of the state should not be destroyed in the absence of any other employment opportunities and in the name of promoting tourism. The State should be alive to the problem, it added.
“Several of the rivers, including the Umkhrah in Shillong itself, are carrying such contaminated water that they may not be fit even to step into. Elsewhere, rivers and streams which may not be perennial carry so much filth and dirt that people living downstream are deprived of the use of the water altogether,” the court said.
It stressed that the government should undertake a more wholesome approach.
“It is hoped that the setting up of an expert body with suggestions from knowledgeable citizens possessing qualifications in such regard would go a long way in the State preparing an action plan and persuading the District Councils to abide by the same,” the court said.
It added, “In short, the guidelines of 2023 published by the State appear to be more of a formality without addressing the real issues. The State has to do much better.”
The court said the prohibition on construction around waterbodies, pursuant to previous orders, will continue till the government addresses such issues in a more considered set of rules or guidelines that it frames.
