Meghalaya High Court Asks Govt to Check Construction Activities Around Waterbodies

SHILLONG: The Meghalaya High Court on Thursday slammed the Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023 for being more of a formality and failing to address the real issues of rampant construction and pollution around them.

The High Court also said that lack of any other employment opportunities and for promoting tourism, there should not be destruction of the natural beauty of the State and that the problem should be addressed proactively.

The division bench of the High Court on Thursday said this while hearing a suo motu PIL. The State government had filed an affidavit to inform the court about Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023, which was passed to protect water-bodies in the State.

The High Court, however, expressed its dissatisfaction with the guidelines as they fail to deal with the more serious aspect of construction of buildings and other construction activities taking place around water-bodies.

The court pointed out that though the guidelines indicate that garbage, trash and debris may not be dumped into the water-bodies, it was surprised to note that the guidelines were issued without any indication of where construction may be permissible and how far away from the high-water level of every water-body.

The affidavit mentions the guidelines issued by the State but they fall woefully short of the expectations or the measures necessary to protect the water-bodies, particularly the Umiam Lake, said the court’s bench.

The court urged the state to protect the fragile biosphere and the ecology of the State on a daily basis, as large chunks of forestland are being taken up for human habitation or use.

The guidelines of 2023 published by the State seemed to be more of a formality and failed to address the real issues, according to the High Court,.

The High Court asked the State government to do better and to file a fresh report at the next hearing, while asking said for prohibition on construction around water-bodies to be continued till the State government addresses such issues in a more considered way.

Further, the High Court said the natural beauty of the State should not be destroyed and the State should be alive to the problem. That absence of any other employment opportunities and in the name of promoting tourism there should not be destruction of natural beauty.

It was underscored that several rivers like the Umkhrah in Shillong are carrying so contaminated water that they are not fit even to step into. Rivers and streams elsewhere, which may not be perennial carry large amounts of filth and dirt so that people living downstream cannot use the water altogether, the court said.

The court also asked the State to indicate the measures taken by it to check deforestation as felling of trees is apparent in stretches along the highways all over the State and more of the mountain being chopped off for construction purposes.

The court said there are previous claims by the State that more than 72 per cent of its total area is covered by forest but wondered whether any recent survey in such regard has been conducted. It asked for such report to be placed before the court during the next hearing on August 31.

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