SHILLONG, NOV 15: The Meghalaya High Court on Tuesday asked the state to formulate norms for future construction or for laying down guidelines for protection of waterbodies in the state.
Hearing a PIL related to the cleanliness of the Umiam Lake, the Division Bench comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh said, “The need for sustainable development cannot be overemphasised 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 waterbodies like the Umiam Lake, whether generally or in respect of specific lakes and rivers.”
The Court said the State has agreed to engage experts to ensure that the pristine environment still surviving in the State is not overrun in the name of development or in the promotion of the tourism industry.
“It is hoped that the State, the District Council and informed citizens 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,” it added.
The court has also requested the private forum – Meghalaya Tourism Development Forum (MTDF), comprising prominent members of the society, including leading architects to take a leading role in assisting the Court in the present proceedings.
Earlier, the private forum has submitted that though building norms have been introduced in the State, they are urban-centric and building norms for construction in the rural areas, particularly keeping in mind the distance from sacred groves, waterbodies and environmentally or ecologically fragile natural spots, have not been taken into consideration.
Further, the court has also asked State to report on the steps taken in such regard so that would-be perpetrators are discouraged from embarking on any similar misadventure.
This was after the district council had informed 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 have appropriate sewage treatment or effluent treatment plants or waste management plans in place.
The State said that under the existing laws, an environment impact assessment has to be made before commercial ventures can begin any construction, particularly close to any waterbody or any pristine forest or woodlands.
The State also added 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 court said 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 in this Court.
In its report filed on November 14, the Meghalaya State Pollution Control Board revealed that all three ongoing construction projects, which attracted the attention of this Court in the first place, do not comply with any norms necessary for buildings coming up by or near the Lake.
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 indicates 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 dwells on the strict norms to be imposed on other hotels and resorts surrounding the Umiam Lake.
The court said both the State and the District Council agree 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.
Both the State and the District Council suggest that it is only when all the upcoming commercial ventures indicated in the report furnish undertakings to comply with all norms and conditions set, may they be allowed to function.
It said 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.
Meanwhile, the court also directed the state 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 next hearing on the matter will be held on February 2, 2023.
By Our Reporter
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