Meghalaya HC directs Govt, NHAI to address problems on NH-6

Staff Reporter

Shillong, July 19: The Meghalaya High Court today directed the State and the National Highway Authority of India (NHAI) to file further reports with regards to the Jowai to Ratacherra stretch of the National Highway-6 within four weeks.

“Both the State and the NHAI will file further reports when the matter appears next four weeks hence,” the Division Bench said in its order after hearing a PIL filed by Kynjaimon Amse.

It also directed the State to convene a meeting with the representatives of the NHAI and the local administration to address the particular problems pertaining to the Jowai -Ratacherra stretch of NH-6.

The petitioner had pointed out that the report filed by the NHAI indicates certain man-made problems which ought to be addressed by the State.

For instance, car wash outlets have sprung up along the State and national highways in the State without any drainage system or any parameters apparently being put in place in such regard. As a result, the water from such car wash places run down the highways or form puddles at places causing additional damage than what the monsoon rains may cause.

The NHAI in its report also indicated that the haphazard laying of pipelines along the side of the Jowai to Ratacherra stretch has resulted in leaks in several places which add to the woes of accumulated water and erosion of the blacktop.

These and several of the other issues raised in the NHAI report must be addressed by the local administration and some parameters put in place for car wash units to adhere to, including payment of license fees or the like.

Regarding the Jowai bypass, the Bench has directed that the repair works be completed within this month.

“It is hoped that the balance repair work is completed within this month and extra care is taken to undertake patchwork, wherever necessary, for the remainder of the monsoon season to ensure that the colossal waste of vehicles needing to travel the extra 30 km or so by avoiding the bypass is no longer necessary,” it said.

It said that the real problem pertains to a 7-km stretch which is virtually unmotorable at the moment and is known as the Jowai Bypass that links Thadlaskein to Mihmyntdu and vehicles intending to go to the Khliehriat side without stopping at Jowai take such bypass to avoid the urban congestion in Jowai.

Though the rest of NH -6 is maintained by the NHAI, the roughly 7-km stretch of the Jowai Bypass is maintained by PWD (Roads) and such stretch is in a pitiable condition and the state of the road is such that heavy vehicles suffer serious breakdowns and lesser vehicles these days take the longer route through Jowai than hazard the risk of taking the bypass.

Earlier, the State had submitted that the heavy rains in the month of June, 2023 did not allow the repair work that had been undertaken prior thereto to settle down and washed away the blacktop.

According to the State, the same contractor is undertaking the repair work and the same should be completed within a reasonable time.

The Bench however said that almost half the monsoon season is over and during such period the bypass has well-nigh remained unmotorable.

As indicated earlier, road construction or repair works have to take into account the heavy rains here in the monsoon and it will not pass an excuse to suggest that because of the monsoon or a few spells of heavy rain, the road has been damaged to the extent that it has been, it added.

Meghalaya Sweepers’ Colony issue has dragged on too long: says HC

Staff Reporter

Shillong, July 19: The Meghalaya High Court has observed that the issue related to the proposed relocation of the Sweepers’ Colony from Them Iew Mawlong has dragged on for far too long.

Hearing a petition on the matter, the Division Bench said, “Since the state and the respondents are still trying to negotiate an amicable settlement, the court’s interference is not warranted.”

“However, it has been repeated on several occasions that the matter has dragged on for far too long. The matter will appear six weeks hence in the hope that a solution is reached by then,” it added.

The next hearing will be held on August 30.

On July 3, the Court in its order had slammed the Harijan Panchayat Committee (HPC) for ‘playing fast and loose’ with the government and the court. “It appears that the respondents are playing fast and loose both with the government and with the Court.”

“A false impression was given on the last occasion that a minor matter had to be attended to but a subsequent statement was made that the Court had misinterpreted the submission,” the bench had then said.

On June 7, the Court in its order had informed that learned Advocate-General reports that Counsel for the Harijan Panchayat Committee has agreed, in principle, to the blueprint prepared by the government but has made some suggestions for modification in certain areas

“Since the State is looking at the suggestions for modification, let the matter come up three weeks hence. It is hoped that the parties will now resolve the long pending issue and give a quietus to these matters,” the Court had then stated.

Subsequent to this, Deputy Chief Minister in-charge Urban Affairs Sniawbhalang Dhar had responded that the government is ready to discuss with the HPC on their request for modification of the blueprint, which seeks to relocate the 342 families of Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

He however said if the modification sought by the HPC is not feasible then the government will not agree.

The government had come up with a blueprint after rejecting the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.

On August 31, 2022, the state government had announced its decision to construct housing flats at the 2.5 acres of land belonging to the SMB for relocation of the 342 families.

“Now we will demolish the old units and accordingly construct a flat system of 5 or 7 stories as per Meghalaya Development Urban Authority (MUDA) byelaws,” Deputy Chief Minister Prestone Tynsong had then informed.

Earlier, the HPC had rejected the blueprint of the government.

In its recent 6-page reply sent to the Deputy Secretary of the Government of Meghalaya and other concerned departments, the HPC had alleged that the proposal of the government was “incomplete, unsuitable, unprepared, unfair and undemocratic.”

Move to stop illegal coal transport: Centre seeks time for deployment of CAPF

The Centre has sought for time to respond to the Meghalaya High Court’s order for deployment of 10 companies of central armed police force (CAPF) to arrest the transportation of illegally mined coal in the state.

Hearing a PIL on the matter here today, the full bench headed by Chief Justice Sanjib Banerjee said, “The Union seeks time. Let the matter appear a fortnight hence.”

Earlier in its order passed on April 12, the Court had stated “and the Union Ministry of Home, through the Union Home Secretary, is directed to ensure the deployment of 10 companies of the appropriate Central Armed Police Force to be commanded independently or jointly by the officers from the local police that may be selected by the Court, strictly for the purpose of keeping a vigil on the roads and arresting the illegal transportation of illegally mined coal in the State.”

The Court had also directed the Union to respond on this through the Secretary.

Meanwhile, the Court has also directed, “In the meantime, considering the inadequate ad hoc payments released till now to Justice Katakey, let a further sum of Rs. 3 lakh be paid immediately, in addition to the secretarial expenses for which the directions have been previously issued.”

The next hearing will be held on May 15, 2023.

JHADC told to work with JMB on garbage management

The Meghalaya High Court has asked the Jaintia Hills Autonomous District Council (JHADC) to act in conjunction with the municipality to ease the citizens’ woes in regard to the garbage collection in Jowai town.

“In the meantime, the Jaintia District Council should act in conjunction with the Municipality to ease the citizens’ woes,” the division bench said in its order passed after hearing a PIL filed by the Synjuk Ki Waheh Shnong Jowai.

An affidavit has been filed by the Jowai Municipality pursuant to the order dated April 17, 2023.

The petitioner flagged several issues and said that all is not well in the matter of collection of garbage in the town of Jowai.

The petitioner’s affidavit in such regard should be filed within a week from date, the bench said while adding that the matter will appear 10 days hence.

The next hearing on the matter will be held on May 12.

HC asks Jowai Municipal Board how it is disposing garbage

The Meghalaya High Court today directed the Jowai Municipal Board to file an affidavit to indicate how the garbage is being disposed of at the moment in Jowai town.

Hearing a PIL filed by the Synjuk Ki Waheh Shnong Jowai, the division bench said that despite the Jowai Municipality’s assertion that a better schedule for garbage collection is now in place, the petitioner complained that collection takes place only several times a month, rather than several times a week.

Despite previous observations, both the Jowai Municipality and the State appear to be rather indifferent to the plight of the residents in Jowai, it said.

The Court said since the Municipality claims that a better schedule is in operation and seriously disputes the submission made on behalf of the petitioner, the relevant schedule should be disclosed by way of an affidavit when the matter appears a week hence.

“The schedule should indicate the localities where trucks are assigned, the registration numbers of the trucks and the duration that the trucks remain for collection of garbage at various localities. A map of Jowai should accompany the affidavit to indicate that the entirety of the town is covered by the garbage collection drive. The Municipality should also indicate how the garbage is being disposed of at the moment, even while the compost plant is being made ready,” it said in the order.

The next hearing will be held on April 27.

Govt asked to spell out plans to address traffic problems

The Meghalaya High Court has directed the State to file an affidavit indicating the steps taken and proposed to be taken to ease the traffic congestion in Shillong City.

“The State’s affidavit should indicate the plans to be implemented over the next few months, those over the next few years and the long-term goals taking into consideration the rate of increase of private cars and vehicular traffic, the burgeoning tourism industry and the available space,” the division bench said in its order passed while hearing a PIL on the matter.

It said that several months back, the State had indicated that most of the parents of school-going children in the city had agreed to opt for their wards being ferried to schools by bus, provided the State government took the responsibility of running such service.

“Indeed, it was indicated that about 50 to 60 buses were being acquired for such purpose. However, nothing seems to have been implemented in such regard,” the Court added.

Further, the Court also said that there were other long-term and short-term plans which had been tentatively indicated, particularly following suggestions by the IIM, Shillong and by a foreign agency apparently engaged by the State for such purpose.

“Again, nothing appears to have come of it apart from a ropeway being planned, and that too, for tourism purposes,” it added.

The next hearing will be held on May 3.

Militancy at its lowest, says State DGP

Director General of Police (DGP) Dr LR Bishnoi has stated that the law and order situation in the state is more or less peaceful.

“It is under control and we are getting full cooperation from the people,” Dr Bishnoi told reporters after a meeting at the police headquarters.

He said in the districts, most of the crimes are not directly linked to the law and order.

“Fortunately, militancy is also at its lowest level and whatever remnant groups are there, they are in the peace process they are talking to the central interlocutors also,” Dr Bishnoi said while adding “Not much problem as of today but future challenges will remain and for that we are trying to strengthen our law and order branch so that they can deal with the situation immediately.”

The Meghalaya High Court was not happy with the performance of the state police especially in regards to the illegal transportation of coal, the DGP said, “We are going as per the high court orders wherever the mistakes are pointed out we are trying to plug the loopholes but again you know the area is so much and the police strength is not proportionately adequate to dominate each and every inch of the land of the state so sometimes you know through the jungle route some may indulge in the transportation of illegal coal etc for that also we are trying to dominate it by the patrolling.”

“So by and large it is under control now and whatever the direction from the court or government given to the police department we will definitely try to follow those,” he added.

Julius Dorphang case: HC rule out interference with judgments

The Meghalaya High Court has decided not to interfere with the judgment of the trial court which sentenced former Mawhati legislator Julius Dorphang to 25 years in imprisonment for raping a minor girl even as it directed that the survivor be paid compensation of Rs 20 lakh.

“Accordingly, the term of imprisonment of 25 years as awarded by the trial court by indicating cogent reasons therefor, does not call for any interference,” the division bench headed by Chief Justice Sanjib Banerjee said in its judgment while dismissing the appeal filed by Dorphang.

The Court said considering the age of the convict, such a tenure could be 15 years or 20 years or 30 years or any number of years in between. The discretion that is exercised is for the benefit of the convict by not awarding the maximum sentence permissible.

“In such a scenario, even though there is no specific prescription in the provision for awarding a sentence of 15 years or 20 years or 22 years of imprisonment if such tenure is indicated, it will be deemed to fall within the bandwidth of discretion made available to the court by the relevant provision,” it added.

Dorphang was challenging the order dated August 24, 2021 passed by the Special Judge Protection of Children from Sexual Offences (POCSO), FS Sangma in Ri-Bhoi district which sentenced him to 25 years imprisonment.

Meanwhile, the Court has directed the State to ensure the continued well-being of the survivor, at least till she reaches the age of 25.

“The fine, if paid, and a total amount of compensation not less than Rs.20 lakh, should be provided by the State to the survivor by way of investments that would mature on a periodic basis for her to receive the same. In other words, the State will pay a further Rs.5 lakh to the survivor by way of compensation, in addition to the sum of Rs.15 lakh that she receives from the fine. If the appellant does not pay the fine and serves a further five years of rigorous imprisonment, the State will make over the equivalent amount of Rs 15 lakh to the survivor,” it said.

“The total amount of Rs 20 lakh must be invested in the name of the survivor within three months from date with the State taking adequate measures to ensure that the entire amount is not squandered in a hurry or the survivor is cheated of any part of it by any other person,” the Court added.

The judgment further stated that the State will also be responsible for taking care of all the medical needs of the survivor free of cost and befitting a Grade-II officer of the State for at least the next 20 years.

In addition, if there is any special programme or working opportunity that is available or for which the survivor qualifies or if there is any late education programme for women where the survivor may be accommodated, the State should provide all assistance to the survivor to lead a remaining normal and healthy life, it said while asserting “The society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.”

Further, the Court stated that nothing said herein and nothing done pursuant to this judgment and order will stand in the way of the proceedings arising out of the FIR filed on behalf of the survivor at Madanryting being brought to a logical conclusion in accordance with law.

Govt had appealed for prospective implementation of roster system

Deputy Chief Minister Prestone Tynsong today said that the state government had pleaded before the Meghalaya High Court to allow implementation of the roster system ‘prospectively’.

“After the High Court has given its ruling in 2022, we have filed an affidavit (on this matter) not less than three times where we pleaded with the High Court to allow us (government) to implement the roster system prospectively not retrospectively,” Tynsong told reporters.

“But the High Court at that point in time insisted us that it should be implemented retrospectively meaning from the inception of the state reservation policy,” he said when responding to a query with regards to the demand of the Voice of the People Party to put on hold implementation of the roster system pending the review of the state reservation policy.

Tynsong however informed that the government would soon convene a cabinet meeting and an All-party meeting to discuss the roster system.

“Again we are waiting for the chief minister to reach Shillong and we will call a meeting, we will have a cabinet meeting and also we will have an all-party meeting with all responsible leaders and we will share and will discuss how to go forward,” he said.

The Deputy Chief Minister said, “I have no right to reply on behalf of the High Court but that’s what I am saying the point is very clear that we pleaded already as we wanted to implement it prospectively but the high court insisted and said on record that it should be implemented from the inception of reservation policy. So as of today, it stands like that.”

Them Iew Mawlong: HPC waiting for govt’s call

The Harijan Panchayat Committee (HPC) has said that they are waiting for the state government to call for a meeting to discuss the issue related to the relocation of the Sweepers’ Colony from Them Iew Mawlong.

“We are waiting for the government’s call,” HPC secretary Gurjit Singh said.

He however refused to indicate if the committee would submit its reply on the government’s proposal.

Meanwhile, Deputy Chief Minister Prestone Tynsong informed that the government would soon fix a meeting with the HPC to further sensitize them on the stand of the government and to also listen to their point of view on the matter.

“We are waiting for the return of the Deputy Chief Minister in-charge urban affairs as we want to convene a meeting with the HPC within this month,” he added.

Tynsong said that he is not aware if the HPC has sent any communication to urban affairs with regards to the reply to the government’s proposal.

On March 16, the state government set a deadline to the HPC for submitting its reply by April 10, with regards to the proposal for relocating of the Sweepers’ Colony from Them Iew Mawlong to the existing land of the Shillong Municipal Board (SMB).

The government had also turned down the request of the HPC to give another three months’ time to respond to the proposal.

The decision was also taken following an order of the Meghalaya High Court on February 16, asking the state government to immediately resolve the issue after the Assembly elections.

On September 29, last year the state government presented the blueprint to the HPC during a meeting, which indicated its decision to construct multi-storey flats at the existing official quarters of the Shillong Municipal Board (SMB) for relocation of the 342 families.

The state government had outrightly rejected the April 25,2022-proposal of the HPC that 200 square meters of land be provided to each of the 342 families within the European ward besides bearing the cost of construction of their homes.