Building bye-laws to continue: High Court

SHILLONG, DEC 16: The Meghalaya High Court on Wednesday stayed the recent decision of the state government to keep the operation of the Meghalaya Building Bye Laws in abeyance and directed the same shall continue to be in operation.

“The order of the Secretary, Meghalaya Urban Development Authority dated November 5, 2015 is hereby stayed, and consequently, the Meghalaya Building Bye Laws shall remain in operation during the pendency of this petition,” the full bench headed by the Chief Justice,Uma Nath Singh said in its order on Wednesday.

The order was issued in view of a petition filed by one Tirot Sing Syiemlieh informing that that the Meghalaya Building Bye Laws, 2011 which provides guidelines for construction of buildings as well as grant of permission to construct such buildings has been withdrawn by the MUDA Secretary on November 5.

The order by the MUDA Secretary was issued following a meeting held between the state government and the Synjuk Ki Nongsynshar Shnong Ka Bri U Hynniewtrep (SNSBH) on November 5.

During the meeting, the state government had decided to fully restrict the operation of the Building Byelaws only in municipality areas.

However, the court in its order observed, “Now, in the absence of Meghalaya Building Bye Laws, the builders can raise high-rise buildings, an issue which was the subject matter of adjudication by this Court in PIL (No. 1/2014), and wherein, this Court has taken a serious view in the judgment.”

Besides, the involvement of officers, builders and others held to have carried out illegal construction is also being scrutinized by the Central Bureau of Investigation, and that matter is pending in this Court, the order stated.

During the hearing today, the learned counsel for the state, Khalid Khan, contends that the Meghalaya Building Bye Laws, 2011 has only been kept in abeyance and not withdrawn.

On this, the court however stated, “Keeping in abeyance inter alia also means suspension of operation of Bye Laws, which was very much in force till the Secretary, MUDA issued the impugned order in November, 2015.”- By Our Reporter