Friday, October 18, 2024
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Individual versus Community Rights

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In Meghalaya rampant quarrying threatens to dry up water bodies and catchments. Quarrying and deforestation happens on so-called “private” land or Ri Kynti. The question is whether one individual enjoys untrammelled rights to carry out activities that are detrimental to the entire community in the long run. The Government of Meghalaya came up with the Meghalaya Water Bodies (Preservation and Conservation) Guidelines in July 2023. This document is intended to show the Meghalaya High Court that something is being done in the interest of conservation of water bodies and catchments. The problem with this document is that it is only a guideline which residents flout with impunity because enforcement is weak. These paper tigers carry little or no weight.
Rampant quarrying continues unabated, hence it would be judicious for the High Court to employ the North East Space Application Centre (NESAC) to give an overview of the areas under quarrying and the water bodies, lakes and reservoirs that they have impacted or are likely to impact. Had the above Government notification been implemented in letter and spirit the custodians of the rivers and villages – the District Councils and Dorbar Shnong would also have been answerable to the High Court. Another burning question is – which is the authority or authorities that grant permission for quarrying? There are many parallel authorities so whose writ runs? Is it the Forest Department or the Directorate of Mining and Geology or the State Pollution Control Board or the District Councils? Considering that climate change is upon us, should there not be a single authority to deal with issues that have long term environmental impacts?
The government notification says, “No person shall undertake the following activities in any of the water-bodies: a. Dump or throw solid waste or garbage in the water-bodies; b. Discharge untreated sewage, industrial effluents or any other pollutants into the water-bodies, directly or indirectly; c. Obstruct or interfere with the activities of the Competent Authority or other designated agencies tasked with the preservation and protection of the water-bodies. 4. Subject to any other laws which are for the time being in force in Meghalaya, no person after coming into force of these Guidelines shall without the permission of the Competent Authority: a. Carry out any mining or excavation activities in the water-bodies; b. Exploit the water bodies for commercial fishing or aquaculture activities that may disrupt the natural ecosystem; c. Undertake any activities including the filling up of water-bodies which may cause damage or reduce the size of the water-bodies; d. Construct or erect any structure in the water-bodies. 5. Any person aggrieved by the order of the Competent Authority under Guideline 4 may submit representation before the State Government within thirty days from the date of such order, whose decision thereon shall be final. 6. Without permission of the Competent Authority, no person shall be entitled to take up any project or scheme of tourism or water-based recreation for better management, preservation and conservation of the water bodies.”The situation on the ground till date remains unchanged.

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