The Meghalaya High Court has ordered a complete stop to construction in or around the Umiam Lake, at least within 1000 metres from the high flood level (HFL) even as it also asked the Khasi Hills Autonomous District Council (KHADC) and Meghalaya State Pollution Control Board (MSPCB) to carry out another joint inspection of the buildings in the area and submit a detailed report.
“No future construction in or around the Umiam Lake, at least within 1000 metres from the HFL, will be allowed before strict norms for such construction and treatment of effluence are put in place, after leaving a no-construction buffer zone of about 500m from the HFL, by the appropriate authorities. Both the State and the District Council should ensure compliance with such direction,” the division bench of the High Court said in an order passed today.
During today’s hearing, a report has been filed by the Khasi Hills Autonomous District Council (KHADC) regarding the joint inspection that was conducted on September 5-6 the KHADC along with the Meghalaya State Pollution Control Board (MSPCB).
The inspection report said that constructions that have come up around the Umiam Lake up to a distance of about 300 metres from the highest flood level of the lake. The report also revealed that seven establishments have constructed buildings within 300 metres of the highest flood level of the Umiam Lake. It also said that several of the buildings are under construction and have not yet been completed.
The inspection report also mentioned the establishments and the nature of activity. As per the report, Hills Cafe has made a construction for a restaurant within 280 metres of the HFL, Megha Automotive LLP has set up an automobile servicing workshop, and again within 280 metres of the HFL, Moon View Cafe, intended to be a restaurant, has come up within 80 metres of the HFL, S L Rokland Motors LLP has set up an automobile servicing workshop within 300 metres of the HFL, Ever Banalari Guest House and Restaurant is carrying out the construction for a guest-house and restaurant within 240 metres of the HFL and Highland Toyota has set up an automobile servicing workshop and showroom within 280 metres of the HFL. Finally, Oriental Star Luxury Hotel and Resort has made a construction within 260 metres of the HFL.
According to the District Council, some form of permission has been obtained by each of the entities or the owners from the local authorities. In some cases, permissions have also been obtained from the MSPCB, but it does not appear that there may have been any law in force pertaining to the extent of the construction, the nature of construction or any limitations or regulation in such regard.
On this, the High Court asked the KHADC in conjunction with the MSPCB to inspect each of the establishments to ascertain whether it would be permissible or desirable to allow the construction work to be completed, given the proximity to the highest flood level of Umiam Lake.
“Even if an establishment is found to have made the construction with some form of permission, strict conditions need to be imposed to ensure that the cleanliness of the water below or the aesthetics of the surroundings are not adversely affected,” the court said.
The High Court also asked the KHADC in conjunction with the MSPCB to indicate the extent of further construction that may be allowed after going through the construction plans in respect of those establishments where the construction has not yet been completed.
“In case of the completed projects, it will be open to the District Council and the PCB to indicate if any part of the construction is required to be demolished in larger public interest or what strict conditions should be adhered to for taking up or continuing the activity at the relevant establishment. The authorities should keep in mind that the closer an establishment is to the water or the HFL, the stricter the norms must be,” the High Court said.
“The exercise to be conducted by the District Council and the PCB will be guided by the larger public interest and the uncompromising need to ensure the cleanliness of the water. Further, the beauty that the view offers should be kept in mind rather than the pecuniary or commercial interest of the relevant establishment,” the court added.
The High Court said that a well thought-out designated area for such purpose should be identified with appropriate facilities for dealing with the garbage and effluence that may be generated so that there is no possibility of the same seeping down to the water below.
“The further construction activities around the Umiam Lake should be kept in abeyance till a more detailed report in terms of this order is obtained from the District Council and the PCB,” the court said.
The High Court also said that similar rules will apply in respect of the six resorts, namely, Orchid Lake Resort, Ri Shat Sngi Orchid Resort, La Nicholas Dei Da Kine Resort, Roinam Retreat at Umbir, Ri Kynjai-Serenity by the Lake at Umbir and Cafe Umbir at Umbir.
“However, since these resorts have been functioning for a considerable period of time and it may not be just or equitable to pull them down, notwithstanding the failure on their part to adhere to any norms, the District Council and the PCB will impose strict conditions in the manner in which garbage, sewage and other effluence arising such resorts may be appropriately disposed with scientific methods of treatment thereof so that neither the water nor the immediate environment is affected thereby,” the court said.
The court also directed the KHADC to apply the same rules to its own guesthouse which apparently sits at a vantage point overlooking the lake at Lynti Rim.
In addition, the High Court said that several metal containers have come up blocking a substantial portion of the longest viewing point of the Umiam Lake.
“There is no doubt that such containers are intended to be run as commercial kiosks or establishments for vending eatables. Both the District Council and the PCB along with the Health and Tourism departments of the State should look into the desirability of the kiosks and, preferably, remove the same so that the pristine beauty is not disturbed and there is less likelihood of littering the area, even if the availability of snacks or refreshments may increase footfall,” the court said.
Meanwhile, the High Court has listed the matter for hearing on November 15.
