SHILLONG, JULY 24: Former assembly deputy speaker, Sanbor Shullai, who is also an MDC from South Shillong Constituency, has threatened to approach the court if the state government fails to withdraw the MUDA building byelaws, he says are ‘illegally’ implemented in the scheduled areas.
Shullai also warned the Khasi Hills Autonomous District Y (KHADC) for its failure to come up with its own building byelaws despite being empowered by section 8 clause 11 of the exiting United Khasi Jaintia Hills District (Establishment of Town Committee) Act, 1960 and Rules, 1962.
His statement came after the Urban Affairs Minister Ampareen Lyngdoh has sought 15 days time to examine Shullai’s demand for immediate withdrawal of building byelaws of the Meghalaya Urban Development Authority (MUDA) in schedule areas of the district council.
The issue was also taken up following the MUDA’s direction to the PHE department and MeECL to refrain from providing water and electricity connection to newly constructed houses without building permission which has irked residents living in the schedule areas.
“If there is no action taken up by the state government as well as the district council, the best solution is to seek justice from the court,” Shullai told newsmen at a press conference after submitting his memorandum to the minister on Friday.
He informed that he is preparing to move the court against the state government’s illegal encroachment into the schedule areas by implementing the byelaws of the MUDA, which is in gross violation of the Meghalaya Town and Country Planning Act, 1973.
As per section 2 of the Meghalaya Town and Country Planning Act, 1973, it has clearly stated it shall extend to the whole of Meghalaya excluding the Autonomous District.
“This clearly shows that this act does not apply to the autonomous district and in the areas under jurisdiction of the district council,” he said.
He further said that the provision provides that if the District Council desires that all or any of the provisions of this Act should apply to Autonomous District concerned, a notification is to be issued to that effect and the Act shall be applied to the Autonomous District concerned.
While saying so, Shullai however said, “Till today the district council has not given any permission to the MUDA to implement the byelaws because there has been no resolution adopted on the matter by the house.”
Informing that the minister has sought fifteen days while assuring to study and examine the matter, he however said, “She (Lyngdoh) has also hinted to take necessary action if the district council authority is willing to frame its own building byelaws.”
Stating that minister had also expressed that she would be happy if the district council creates its own technical department for the job, Shullai however said, “We have told her that since 1952, when the district council was established, it has already has its own technical and engineering department. The question of creating such department which already exited does not arise.”
Terming the act by the MUDA to deprive the residents of water supply and electricity connection as violation of human rights, he said, “The state government has no right to deprive its citizens of basic requirements,” adding “We were informed that over 1000 applications for water and electricity connection are lying pending in the PHE and MeECL due to such notification issued by the MUDA.”
He further informed that memorandums were also submitted to the Power Minister Clement Marak and PHE Minister RC Laloo to address the issue.
“We have requested both the ministers in charge of PHE and Power to issue immediate orders to their respective departments to ensure that applications for water and electricity connection should be provided without seeking any documents from municipal or MUDA within the jurisdiction of the district council,” Shullai said.
Meanwhile, Shullai has further demanded the Khasi Hills Autonomous District Council (KHADC) CEM PN Syiem to immediately frame the building byelaws as per section 8 (11) of the United Khasi Jaintia Hills District (Establishment of Town Committee) Act, 1960. – By Our Reporter
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