The State government has decided to dismantle the existing Wahtyngngai Combined Water Supply Scheme near Nongkynrih village in East Khasi Hills and has proposed a greenfield project amounting to approximately Rs 32.95 crore to cover the 3295 households.
Wahtyngngai Combined Water Supply Scheme was created to supply drinking water to 30 villages under Raid Nongkynrih and under Laitlyngkot Sirdarship. The PHE Department took land measuring about 30.29 acres of land for constructing the dam downstream of Umiew river to implement the water project.
However, some villagers whose lands have been submerged by the dam filed a writ petition in the Meghalaya High Court. It was discovered in course of the court proceedings that the dam in Wahtyngngai has used more land than originally envisaged and that land owners have lost substantially more land than they had agreed to part with or had been paid for.
During today’s hearing of the matter in the High Court, the State government filed a report on the water project and its impact on the land owners.
The report stated that if compensation is to be assessed on the basis of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 then the compensation that would be required to be paid for acquiring the area contiguous to the dam would be in excess of Rs 78 crore. According to the State government, the project was envisaged on land which was donated and by acquiring some additional land at a total cost of Rs 10.90 crore.
The report further stated that the dam and the water scheme cater to 3295 households. The State government claimed that according to the Jal Jeevan Mission Scheme promoted by the Central government and implemented at the State level, the cost of supply of water to each household is Rs1 lakh.
As such, the State government contends that the maximum cost for the relevant dam and the connected project can be Rs 32.95 crore, whereas paying the compensation for the additional land will take the cost per unit household to more than three times the average amount.
The State government also stated in the report that on the basis of a cost-benefit analysis, the government has decided to dismantle the existing project and has proposed a greenfield project amounting to approximately Rs 32.95 crore to cover the 3295 households.
However, the land owners assert that once land has been acquired, it cannot be returned and that there is a bar in such regard under the applicable laws.
On this, the High Court observed that there is some merit in the State government’s assertion that a project which ultimately is so costly may not be viable and it may be inequitable to hold the State to ransom to spend more than Rs 100 crore, after taking into account the money already spent, to cater to the water needs of slightly over 3000 households.
The High Court has allowed the land owners to file an affidavit in response to the report filed by the State government.
“For the time being and till the matter is taken up next, the State will not embark on any action to dismantle the project,” the High Court said while listing the matter for hearing on November 13.
