• About
  • Advertise
  • Privacy & Policy
  • Contact
Sunday, October 18, 2026
Visit Mawphor
Highland Post
Govt. of Meghalaya
  • Home
  • Meghalaya
    • All
    • East Garo Hills
    • East Jaintia Hills
    • East Khasi Hills
    • Eastern West Khasi Hills
    • North Garo Hills
    • Ri Bhoi
    • South Garo Hills
    • South West Garo Hills
    • South West Khasi Hills
    • Statewide
    • West Garo Hills
    • West Jaintia Hills
    • West Khasi Hills
    Rebel MLA demands ‘doable’, says Hek

    Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

    JAC gives 10-day deadline to scrap Shillong Peak Ropeway project

    JAC gives 10-day deadline to scrap Shillong Peak Ropeway project

    FKJGP flags substandard work at JNV Mawsynram, seeks safety audit

    FKJGP flags substandard work at JNV Mawsynram, seeks safety audit

    Cases filed with Lokayukta over VEC corruption in Garo Hills

    HITO files complaint over alleged illegal meat transport in Ri-Bhoi

    Explosion in Star Cement

    Truckers, Star Cement reach agreement on drivers’ issues

    Ri-Bhoi begins special summary revision of electoral roll

    Nongspung A residents seek CM’s intervention over school building delay

    Upper Shillong headmen oppose land grant to non-tribal

    Nengbapara job card holders await wages

    CPC holds get together of harmony; 137 pandals set up in Garo Hills

    CPC holds get together of harmony; 137 pandals set up in Garo Hills

    MMDSL team inspects Mahendraganj CHC, MCH facilities

    MMDSL team inspects Mahendraganj CHC, MCH facilities

    Trending Tags

    • North East
    • National
      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      Survey calls for age bar for social media access, cutting online classes

      Children have fundamental right to access internet, can’t impose blanket ban on its use: SC

      SC refuses to stay Meghalaya HC order granting bail to Sonam Raghuvanshi

      SC bars online platforms from hosting subscription-based sexual content

    • Health
    • Editorial
    • Sports
    • Writer’s Column
    • Letters to the Editor
    No Result
    View All Result
    • Home
    • Meghalaya
      • All
      • East Garo Hills
      • East Jaintia Hills
      • East Khasi Hills
      • Eastern West Khasi Hills
      • North Garo Hills
      • Ri Bhoi
      • South Garo Hills
      • South West Garo Hills
      • South West Khasi Hills
      • Statewide
      • West Garo Hills
      • West Jaintia Hills
      • West Khasi Hills
      Rebel MLA demands ‘doable’, says Hek

      Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

      JAC gives 10-day deadline to scrap Shillong Peak Ropeway project

      JAC gives 10-day deadline to scrap Shillong Peak Ropeway project

      FKJGP flags substandard work at JNV Mawsynram, seeks safety audit

      FKJGP flags substandard work at JNV Mawsynram, seeks safety audit

      Cases filed with Lokayukta over VEC corruption in Garo Hills

      HITO files complaint over alleged illegal meat transport in Ri-Bhoi

      Explosion in Star Cement

      Truckers, Star Cement reach agreement on drivers’ issues

      Ri-Bhoi begins special summary revision of electoral roll

      Nongspung A residents seek CM’s intervention over school building delay

      Upper Shillong headmen oppose land grant to non-tribal

      Nengbapara job card holders await wages

      CPC holds get together of harmony; 137 pandals set up in Garo Hills

      CPC holds get together of harmony; 137 pandals set up in Garo Hills

      MMDSL team inspects Mahendraganj CHC, MCH facilities

      MMDSL team inspects Mahendraganj CHC, MCH facilities

      Trending Tags

      • North East
      • National
        CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

        CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

        Survey calls for age bar for social media access, cutting online classes

        Children have fundamental right to access internet, can’t impose blanket ban on its use: SC

        SC refuses to stay Meghalaya HC order granting bail to Sonam Raghuvanshi

        SC bars online platforms from hosting subscription-based sexual content

      • Health
      • Editorial
      • Sports
      • Writer’s Column
      • Letters to the Editor
      No Result
      View All Result
      Highland Post
      No Result
      View All Result
      Home Meghalaya

      Pollution Board’s notification now under High Court scanner

      HP News Service by HP News Service
      October 31, 2022
      in Meghalaya, Statewide
      0
      Green bodies react to TUR’s demand, say no role in coke factories
      0
      SHARES
      366
      VIEWS

      The notification issued by the Meghalaya State Pollution Control Board (MSPCB) regarding the norms for setting up of coke plants has now come under legal scanner.

      The notification dated December 23, 2020, issued by the MSPCB under Section 17(1)(n) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 17(1)(h) of the Air (Prevention and Control of Pollution) Act, 1981 prescribed norms and criteria for setting up of coke plants of various capacities.

      However, East Jaiñtia Coke has filed a writ petition in the Meghalaya High Court alleging that the notification is without jurisdiction and ultra vires the air and water pollution laws.

      Supreme Court lawyer Abhishek Manu Singhvi who appeared for the petitioner said during a recent High Court hearing that the notification is without jurisdiction and has been passed with total disregard to the statutory provisions of the Air and Water Pollution Acts.

      According to Singhvi, Section 17(1)(n) of the Water Pollution Act specifically stipulates that one of the functions of the State Pollution Control Board, with regard to setting up of plants, is to advise the State government with respect to the location of any industry, the carrying on of which is likely to pollute a stream or a well.

      He contended that, a plain reading of the provision, indicates that, the notification issued by the MSPCB which is patently not advisory, but a prescription of norms is clearly ultra vires the statute, and without any jurisdiction.

      Singhvi further contended that, though objections have been raised on the ground of alternative efficacious remedy that can be availed of before the National Green Tribunal (NGT) coupled with the fact that, the NGT itself, had been seized with a similar matter and has endorsed the notification and held it to be valid.

      However, Singhvi told the court that NGT being a tribunal is not vested with plenary jurisdiction. He placed reliance on some of the judgments of the Supreme Court that notwithstanding the NGT Act, remedy before the High Court, continues to be available under Article 226 of the Constitution of India.

      The senior lawyer while referring to the judgments, said that the NGT does not oust the jurisdiction of the High Courts, under Article 226 of the Constitution, and that prerogative of writ jurisdiction of High Courts is neither taken away nor it can be ousted, being a part of the basic structure of the Constitution.

      Advocate General Amit Kumar on the other hand defended the notification and stated that even though the notification has been issued under Section 17(1)(n) and 17(1)(h) of the Water and Air Pollution Acts respectively, the same is well within the powers of the State Pollution Control Board, as stipulated by the Act, by the application of Sections 24 and 25 thereof, which has cloaked the Boards with ample power to prohibit and restrict the setting up of any activity, that may cause pollution.

      Kumar has alluded to the powers of the Board, in granting Consent to Establish and Consent to Operate, and stated that the source of power in issuing the notification flows from these provisions.

      Justice Hamarsan Singh Thangkhiew after hearing the lawyers for the parties, observed that the only point in contention is on the point of law, which is whether the impugned notification is ultra vires, the Air and Water Pollution Acts.

      “On perusal of the provisions of the Water and Air Pollution Control Acts, as given in Section 17(1)(n) and 17(1)(h) respectively, debatable questions have arisen as to whether the State Pollution Control Board has acted without jurisdiction in issuing the impugned notification dated 23.12.2020. This aspect, undeniably deserves the attention of this court, in discerning as to whether, read with the other provisions that is, Section 24 and 25, the said notification can be sustained as advocated by the State respondents. The central fact, however, is that the pointed challenge is to the notification for which it has been argued, no remedy is available before the NGT,” Justice Thangkhiew said while listing this matter on November 21.

      HP News Service

      HP News Service

      An English daily newspaper from Shillong published by Readington Marwein, proprietor of Mawphor Khasi Daily Newspaper, who established the first Khasi daily in 1989.

      Related Posts

      Rebel MLA demands ‘doable’, says Hek
      Meghalaya

      Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

      October 17, 2026
      JAC gives 10-day deadline to scrap Shillong Peak Ropeway project
      Meghalaya

      JAC gives 10-day deadline to scrap Shillong Peak Ropeway project

      October 17, 2026
      FKJGP flags substandard work at JNV Mawsynram, seeks safety audit
      East Khasi Hills

      FKJGP flags substandard work at JNV Mawsynram, seeks safety audit

      October 17, 2026
      Cases filed with Lokayukta over VEC corruption in Garo Hills
      Meghalaya

      HITO files complaint over alleged illegal meat transport in Ri-Bhoi

      October 17, 2026
      Explosion in Star Cement
      Meghalaya

      Truckers, Star Cement reach agreement on drivers’ issues

      October 17, 2026
      Ri-Bhoi begins special summary revision of electoral roll
      Ri Bhoi

      Nongspung A residents seek CM’s intervention over school building delay

      October 17, 2026
      Load More
      Next Post
      FKJGP to hold rally against unemployment

      FKJGP asked to submit reply by Nov 1

      Leave a Reply Cancel reply

      Your email address will not be published. Required fields are marked *

      We’re on Facebook

      Advertisement

      • Trending
      • Comments
      • Latest
      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      June 7, 2025
      Tourist taxi association launches agitation against outside vehicles

      Tourist taxi association launches agitation against outside vehicles

      September 17, 2025
      Residents of 44 localities in Shillong drink unsafe water

      Residents of 44 localities in Shillong drink unsafe water

      October 3, 2023
      Bike taxi drivers ask Govt for offline option

      Rapido captains caught off guard by DTO, hired and fined

      July 7, 2024
      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      0
      Survey calls for age bar for social media access, cutting online classes

      Children have fundamental right to access internet, can’t impose blanket ban on its use: SC

      0
      SC refuses to stay Meghalaya HC order granting bail to Sonam Raghuvanshi

      SC bars online platforms from hosting subscription-based sexual content

      0
      Rebel MLA demands ‘doable’, says Hek

      Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

      0
      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      October 17, 2026
      Survey calls for age bar for social media access, cutting online classes

      Children have fundamental right to access internet, can’t impose blanket ban on its use: SC

      October 17, 2026
      SC refuses to stay Meghalaya HC order granting bail to Sonam Raghuvanshi

      SC bars online platforms from hosting subscription-based sexual content

      October 17, 2026
      Rebel MLA demands ‘doable’, says Hek

      Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

      October 17, 2026

      Recommended

      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      CJP founder Abhijeet Dipke granted conditional bail, asked to sign peace bond

      October 17, 2026
      Survey calls for age bar for social media access, cutting online classes

      Children have fundamental right to access internet, can’t impose blanket ban on its use: SC

      October 17, 2026
      SC refuses to stay Meghalaya HC order granting bail to Sonam Raghuvanshi

      SC bars online platforms from hosting subscription-based sexual content

      October 17, 2026
      Rebel MLA demands ‘doable’, says Hek

      Meghalaya speaker approves merger of 8 UDP MLAs, BJP strength rises to 10

      October 17, 2026

      About Highland Post

      You’re visiting the official website of Highland Post, a leading and most circulated English daily of Meghalaya published by the Mawphor Group. Stay updated with our e-edition for latest updates from Meghalaya, North Eastern India and World as a whole.

      Registered office:
      Mavis Dunn Road, Mawkhar,
      Shillong-793001, Meghalaya
      Phone no: 0364-2545423
      Email: highlandpost.shg@gmail.com, editorhp2019@gmail.com

      Like Us on Facebook

      Follow Us on Twitter

      Tweets by HP

      © 2021 Highland Post – All Rights Reserved.

      • About
      • Advertise
      • Privacy & Policy
      • Contact
      No Result
      View All Result
      • Home
      • Meghalaya
        • East Garo Hills
        • East Jaintia Hills
        • East Khasi Hills
        • North Garo Hills
        • Ri Bhoi
        • South Garo Hills
        • South West Garo Hills
        • South West Khasi Hills
        • Statewide
        • West Garo Hills
        • West Jaintia Hills
        • West Khasi Hills
      • North East
      • National
      • International
      • Health
      • Editorial
      • Musey Toons
      • Sports
      • Writer’s Column
      • Letters to the Editor

      © 2021 Highland Post - All Rights Reserved.