The Meghalaya High Court has directed the Khasi Hills Autonomous District Council (KHADC) to immediately constitute a town committee for any part of Shillong or the nearby areas beyond the purview of the Shillong Municipal Board to carry out cleanliness activities in such areas.
The division bench of Chief Justice Sanjib Banerjee and Justice Wanlura Diengdoh issued the order today during hearing of a Public Interest Litigation (PIL) related to efficient management of cleanliness and hygienic conditions Shillong city.
Assistant Solicitor General who appeared for the Defence Ministry told the High Court that both in terms of Article 243ZC and the Sixth Schedule to the Constitution that applies in the State, the District Councils are obliged to constitute town committees for the purpose of, inter alia, overseeing the activities in the urban areas, including safety, security, hygiene and the like.
“If no town committee has been constituted by the relevant District Council for any part of Shillong or the nearby areas beyond the purview of the Shillong Municipal Board, immediate steps should be taken in such regard. Syiem of Mylliem is added as party to the present proceedings. The department should immediately forward a copy of this order along with all papers pertaining to the present matter to the added party and inform the added party that he should be represented on the adjourned date. Immediate steps should be taken to clean and rejuvenate the Umshyrpi and Wahumkhrah rivers,” the High Court said.
During the hearing, the Defence Ministry claims that it has gone beyond the Shillong Cantonment area to ensure that the city of Shillong is otherwise kept clean.
However, according to the State government lawyers, large tracts of Shillong city fall under the authority of the District Council and it is for the District Council to ensure cleanliness and hygiene within its territory.
“Degradation of the environment is something that transcends territorial boundaries. The State government should be more proactive and the Defence Ministry may come out with a strategy to undertake cleanliness awareness campaigns and drives all over the city since several parts, including the lower areas around Bara Bazar to Mawlai and some of the other commercial areas in the down market localities, need a lot more to be done. Appropriate vats or garbage bins should be installed at such places, whether in association with the District Council or at the initiative of the State government,” the High Court said.
The court also stated that as tourism picks up in the State, there is a need to regulate and monitor, including the menace of tetrapacks all over the place from Laitlum to Umiam and everywhere in between.
“It would be ideal if the State government officials can meet senior Defence personnel under the aegis of the Shillong Municipality and chalk out an overall roadmap to ensure cleanliness and hygiene in and around Shillong and even beyond,” the High Court said.
It also asked the Amicus Curiae appointed in the matter to coordinate with the respondents and the other appropriate authorities. The court also directed both the State government and Amicus Curiae to file individual reports indicating how the matter has been carried forward when the PIL comes up for hearing on March 16.
