In Re Cleanliness Of Umiam Lake vs State Of Meghalaya & Ors

The State informs that a notification has been issued on January 19, 2023 constituting a 15-member expert committee to advise the State government on measures to be taken for restoration and protection of waterbodies and for laying down guidelines for protection of waterbodies in the State and formulating norms for future construction in and around Umiam Lake.

A copy of the notification has been appended to an affidavit filed by the State affirmed today by the Secretary in the Forest and Environment Department. The terms of reference appear to be exhaustive. One of the terms is that the expert committee will meet at least once a month.

Learned Advocate-General submits that the expert committee’s report will be submitted to the Forest and Environment Department of the State for the same to be vetted, considered and implemented to the extent deemed appropriate.

The one striking feature of the notification is that though the expert committee has been constituted in respect of waterbodies across the State, the guidelines as to construction are limited to the Umiam Lake and not to other waterbodies. It would be ideal if the authority to recommend guidelines is extended to other waterbodies as well since construction around a waterbody ultimately leads to its degradation and possible extinction. The other aspect is that the expert committee does not contain members of the Autonomous District Councils.

Since the land across the State, except the European ward in Shillong, belongs to the tribal communities and the Autonomous District Councils administer the relevant areas, it is imperative that for waterbodies falling within the jurisdiction of one or the other Autonomous District Council, designated members of the relevant Autonomous District Councils be co-opted on the sub-committee pertaining to such waterbody for the sub-committee to report to the expert body that has been constituted by the notification of January 19, 2023 for the final recommendations to be made by such expert committee as already constituted.

The State agrees that till such time the guidelines as to construction around the Umiam Lake are recommended and issued, no further construction will come up around the Umaim Lake from a level up to 50m from the highest water level. It is hoped that such a policy is also extended to the other existing waterbodies so that further degradation does not take place in the interregnum before recommendations and guidelines are issued for rejuvenation, recharging or maintenance of the remainder of the many waterbodies in the State.

Mr. Mahanta, who has been assisting the Court in this matter, submits that the expert body should include members conversant with aquatic animal life. It is hoped that the expert committee already constituted will take the assistance of experts in such regard since the conservation of the water implies the conservation of the life in the water as well.

Let the matter appear six weeks hence for a further report to be filed by the State including as to whether meetings of the expert committee have already been convened and the follow-up action taken thereafter.

List on March 16, 2023.