SHILLONG, JUNE 13: BJP legislator from South Shillong Sanbor Shullai has demanded the state government to exempt the ‘administered area’ from the applicability of the Meghalaya Town and Country Planning Act, 1972 and its building byelaws on ground.
This came after the BJP backed Meghalaya Democratic Alliance government has decided to withdraw the Meghalaya Urban Development Authority from implementing the Meghalaya Building Byelaws, 2011 in areas under the jurisdiction of the Khasi Hills Autonomous District Council.
The government in the tripartite meeting held last month with the KHADC and headmen had also assured to pass an Ordinance for amending the 2004 Act by re-inserting section 1 sub-section (2) of the 1972 Act, which states “it shall extends to the whole of Meghalaya excluding the autonomous district”.
Today’s demand was in view of the apprehension that the administered area may be included within the ambit of the Meghalaya Town and Country Planning Act, 1972.
In a memorandum submitted to the chief minister Conrad K Sangma here on Wednesday, Shullai said, “The Act, 1972 cannot be made applicable to Administered Area by virtue of the fact that the same are schedule area under the administrative control of the KHADC.”
Quoting an order of the Guahati High Court, Shillong bench while pointing out as to why the Act 1972 should not apply to the Administered Area, he said, “…though these areas (Shillong Administered Area) comprised in the Municipality of Shillong for the purpose of municipal administration, they are still governed by the laws and rules framed by the district council for other purposes.”
The Shillong Administered Area comprised of that part of Shillong Muncipality for the purpose of municipal administration and these areas are Laitumkhrah, Malki, Mawkhar, Jaiaw, Mawprem, Kenches Trace, Laban and Lumparing, it stated.
He also pointed out that the notification dated August 18, 1937 had also defined the Shillong Administered Area to mean “all areas outside British India in which the Municipal Board of Shillong or the Cantonment Authority for the time being exercised jurisdiction.”
“The area known as Administered Area came into being where only the subject matter of sanitation and civic duty was administered by the municipality now Shillong Municipal Board,” he said.
Further requesting the government to withdraw the notificated dated January 13, 1989 before passing the Ordinance, Shullai said that the Act, 1972 was also adopted vide this government notification which made the Act applicable to all the areas.
He said in view of the notification 1989, the Act applied to Administered Area and included tribal areas and subsequently vide notification dated August 24, 1992, the government approved the Shillong Master Plan (1991-2011) and adopted the same with immediate effect and under Section 12 of the Act vested the powers for enforcement with the MUDA.
According to him, the Draft Shillong Master Plan was further extended till December 31, 2015 vide letter dated April 1, 2015 which also mention that the master plan area included Shillong Municipality.
He said that on the strength of the notification, the Meghalaya Building Byelaws was prepared by the Meghalaya Urban Development Authority (MUDA) and on approval of the state government it was published in the Gazette of Meghalaya on March 12, 2011.
The Meghalaya Buildingn Byelaws, 2011 applies to all the master plan areas and scheme areas notified or to be notified from time to time within the state.
Shullai also alleged that the Meghalaya Building Byelaws, 2011 was illegally extended jurisdiction over Administered Area and Schedule Area under the powers of the notification dated January 13, 1989.
“Hence, in order to exclude the Administered Area and master plan area from the applicability of the Act the aforesaid notification dated January 13, 1989 ought to be withdrawn as whole and in totality,” he said in the memorandum.
Speaking to reporters after meeting the chief minister, Shullai said that the delegation has requested the chief minister to convene a meeting with the law department and the stakeholders before passing the Ordinance.
“The chief minister has assured us that he would study the matter indepth,” he said.
By Our Reporter
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