SHILLONG:
The High Court of Meghalaya has directed the state government to ensure that an alternative site is found 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 High Court observed that the Khasi Hills Autonomous District Council (KHADC) and the state government are serious in protecting the waters of Umiam Lake and the pristine environment surrounding it..
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. 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 water bodies like the Umiam Lake, whether generally or in respect of specific lakes and rivers.
The court stated 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 the court.
The court also noted that a report filed by the state on November 14 and authored by 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.
A private forum by the name of Meghalaya Tourism Development Forum, comprising prominent members of the society, including leading architects, seeks leave to intervene. The court noted that the forum will be heard and is requested to take a leading role in assisting the court in the present proceedings.
The district council submitted 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 submitted 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 submitted 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.
In this connection, the Court has directed the State to report on the steps taken in such regard so that would-be perpetrators are discouraged from embarking on any similar misadventure.
The report by the Meghalaya State Pollution Control Board 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 dwelt on the strict norms to be imposed on other hotels and resorts surrounding the Umiam Lake.
The court stated that 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.
The matter is listed on February 2, 2023.