Meghalaya High Court unhappy with failure to preserve water bodies

Staff Reporter

Shillong, July 19: The Meghalaya High Court has termed Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023 as a formality for failing to address serious aspects of buildings and construction around water bodies.

Hearing a PIL on the cleanliness of Umiam Lake, the Division Bench said the Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023 do not deal with the most serious aspect of buildings and construction mushrooming around water bodies.

It said though the guidelines indicate that garbage, trash and debris may not be dumped into the water bodies, it is surprising that the guidelines are issued without indicating how far away from the high-water level of every water body construction may be permissible.

“In short, the guidelines of 2023 published by the State appear to be more of a formality without addressing the real issues. The State has to do much better,” the Bench said while directing the State to file a further report within six weeks.

It also directed that the prohibition on construction around water bodies will continue till the State addresses such issues in a more considered set of rules or guidelines that it frames.

The Bench said previous orders recorded that an expert committee had been set up by the State. Some of the suggestions given by the expert committee have been indicated in the affidavit filed by the State, but it is not clear as to how such suggestions have been given legal force.

It has also said that suggestions given to ensure that the flora and the fauna around the waterbodies were not devastated in the name of promoting tourism or undertaking construction were not taken into account by the State.

“The guidelines introduced by the State as disclosed in the affidavit fall woefully short of the expectations or the measures necessary to protect the water bodies, particularly the Umiam Lake,” the Bench said while asserting that the fragile biosphere and the ecology of the State have to be protected even as, on a daily basis, large chunks of forestland are being appropriated for human habitation or use.

The State must indicate the measures taken by it to arrest deforestation as stretches along the highways all over the State reveal the felling of trees and more and more of the mountain being chopped off for construction purposes.

“Though, officially, there are previous claims by the State that more than 72 per cent of its total area is covered by forest, it would be interesting to ascertain whether any recent survey in such regard has been conducted for such a report to be placed before the Court,” it said.

The Bench said further, in the absence of any other employment opportunities and in the name of promoting tourism, the natural beauty of the State should not be destroyed and the State should be alive to the problem.

Several of the rivers, including the Umkhrah in Shillong itself are carrying such contaminated water that they may not be fit even to step into. Elsewhere, rivers and streams which may not be perennial carry so much filth and dirt that people living downstream are deprived of the use of the water altogether.

Stating that there has to be a more wholesome approach undertaken by the State, the Bench stressed the need to set up an expert body with suggestions from knowledgeable citizens possessing qualifications in such regard would go a long way in the State preparing an action plan and persuading the District Councils to abide by the same.

Meghalaya HC calls for action against ‘real culprits’ behind illegal coke plants

Staff Reporter

Shillong, March 13: The Meghalaya High Court has asked the state to take action against ‘real culprits’ behind the illegal coke plants, as per law.

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“If the real culprits are well known, it would be expected of the State to take appropriate action against them in accordance with law,” the full bench headed by Chief Justice Sanjib Banerjee said in its order today while hearing a PIL filed by Shailendra Kumar Sharma on the matter.

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DSGI Dr Mozika informed the Court that after orders have been passed for shutting illegal coke plants, the real persons who started the illegal operations may have abandoned most of the coke plants and the local persons or the workers may have taken over their reduced operations.

Dr Mozika suggested that the identification of the kingpins should not be a difficult job as they are well known.

Advocate-General submitted that the State has called upon the investigating agency to trace out the original operators and bring them to book.

Additional penal provisions have, apparently, been incorporated in the original FIRs to facilitate such a process.

Earlier, the State had fairly submitted that there is no impediment to shutting down all illegally operating coke plants in the State.

As to what may be perceived to be illegally operating coke plants would be if such plants do not have any license or permission to operate or, even if they do possess the requisite license, the source of coal is not legitimate. Both aspects are of key importance.

The State has offered that this aspect of the matter may also be looked into by Justice Katakey, as suggested on behalf of the petitioner.

“Accordingly, the petitioner is given liberty to approach Justice Katakey who has been appointed to monitor the implementation of the orders of the National Green Tribunal and the Supreme Court pertaining to illegal coal mining in the State to ensure that similar illegality is not perpetuated by illegally operating coke plants,” the Court said.

Any matter pertaining to illegally operating coke plants may be incorporated in the interim reports that are filed regularly by Justice Katakey in the suo motu proceedings.

While hearing another PIL pertaining to a similar matter, the Division Bench said that some directions have been issued, including for Justice BP Katakey (retired), to monitor the coke plants which are operating in the State and their status, based on whether they have permission to operate and also the source of the coal being used.

“The relevant matter has been adjourned for eight weeks upon recording the State’s submission that the State is interested in demolishing all illegally operating coke plants and ascertaining the identities of the real persons who started or continue such operations,” it said.

Liberty is given to the petitioner to approach Justice Katakey with any details that may assist Justice Katakey in monitoring the operations at the coke plants in the State, it added.

The next hearing will be held on May 9.

Meghalaya High Court orders CISF deployment to check illegal coal transport

Staff Reporter

Shillong, March 13: The Meghalaya High Court has ordered deployment of 10 companies of central industrial security force (CISF) to check illegal transportation of coal.

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This was after the state had indicated that a sum of Rs 316 crore would be required for construction of quarters and barracks if 100 companies of CRPF are to be deployed in the state.

In its order, the full bench headed by Chief Justice Sanjib Banerjee said, “Instead, it appears to be fair and reasonable to this Court to deploy 10 companies, not of CRPF but of Central Industrial Security Force. That is because, as the Central government duly points out, the CRPF functions under the command of the State police whereas CISF can function independently.”

On a query from the Court, it was submitted on behalf of the Central government that CISF would be able to handle the aspect of checking goods vehicles.

“Considering the total area in the State and that some of the remote pockets do not have roads or even the menace of illegal coal mining and its transportation, 10 companies of CISF should be enough to check the vehicles and completely arrest the illegal transportation of coal,” the Court said.

“While CISF is engaged in checking the vehicles, there is no doubt that it would also check for contraband and ensure that the goods vehicles conform to the weight limits for plying on the State and national highways in Meghalaya,” it added.

The Court also directed Dr Mozika to ascertain the logistics and formalities for 10 companies of CISF to be deployed for the purpose of checking the illegal transportation of coal in the State.

“The process may not last several years as the State proposes to open up scientific mining and grant licenses therefore in accordance with law which may make illegal coal mining an unattractive proposition thereafter,” it said.

Justice Katakey has filed an 11th interim report which the State and the Central government should consider.

The Court further said it was also proposed that upon the 10 CISF companies being made available for the indicated purpose, the key areas which need to be manned and guarded would be decided in consultation with Justice Katakey.

“It is made clear that the deployment of CISF will be on payment basis, subject to negotiation between the State and the Centre,” it stated.

Earlier, the State has prepared a blueprint for the deployment of the Central Reserve Police Force in the State to check the illegal mining of coal and its transportation.

The State’s plan is rather grandiose as it seeks deployment of 100 companies in the eastern range and 60 companies in the western range where one company consists of 135 personnel.

Though the State has indicated in great detail the number of companies to be deployed in the 12 districts, including bifurcating the companies which would be involved in checking vehicles and others which would check the mining activities, the cost implication, even on a short-term, temporary basis, may make it unfeasible.

Indeed, only on account of construction of quarters and barracks, the State has indicated a sum of Rs 316 crore and for requisitioning vehicles an annual expenditure in excess of Rs 58 crore.

At any rate, even if the infrastructure constructed may be put to use by the State upon the CRPF no longer being required, it would take a considerable period to complete the construction and it would be a Herculean task to house 160 companies on a temporary basis.

Indeed, the State’s coal reserves may be exhausted by the time the State’s grand design is put in place.

The next hearing will be held on March 20.