In Re cleanliness of Umiam Lake vs State Of Meghalaya

A report has been filed by the Khasi Hills Autonomous District Council pertaining to the constructions that have come up around the Umiam Lake up to a distance of about 300m from the highest flood level of the Lake.

It appears that a joint inspection was conducted on September 5-6, 2022 by the District Council along with the State Pollution Control Board. The inspection report reveals that seven establishments have constructed buildings within 300m of the highest flood level of the Umiam Lake. Several of the buildings are under construction and have not yet been completed.

The establishments and the nature of activity sought to be carried out thereat have been detailed. M/s Hills Cafe has made a construction for a restaurant within 280m of the HFL; M/s Megha Automative LLP has set up an automobile servicing workshop, and again within 280m of the HFL; M/s Moon View Cafe, intended to be a restaurant, has come up within 80m of the HFL; M/s SL Rokland Motors LLP has set up an automobile servicing workshop within 300m of the HFL, M/s Ever Banalari Guest House and Restaurant is carrying out the construction for a guest-house and restaurant within 240m of the HFL and M/s Highland Toyota has set up an automobile servicing workshop and showroom within 280m of the HFL. Finally, M/s Oriental Star Luxury Hotel and Resort has made a construction within 260m of the HFL.

According to the District Council, some form of permission has been obtained by each of the aforesaid entities or the persons in control thereof from the local authorities. In some cases, permissions have also been obtained from the State Pollution Control Board, 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.

For a start, the District Council in conjunction with the Meghalaya State Pollution Control Board will inspect each of the establishments to ascertain whether it would be permissible or desirable to allow the construction work to be completed, given the ultimate nature of use thereof and the proximity to the HFL 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.

For such purpose, the District Council in conjunction with the PCB will 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 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.

In addition, it appears that several metal containers have come up blocking a substantial portion of the longest viewing point of the 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.

A well thought-out designated area for such purpose may be identified with appropriate facilities for dealing with the garbage and effluence that may be generated and 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 inspection report also refers to several commercial resorts in and around the area including at least one which is run by the State or a State agency. 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.

It is hoped that the District Council will apply the same rules to its own guesthouse which apparently sits at a vantage point overlooking the lake.

No future construction in or around the Umiam Lake, at least within 1000m 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 matter will appear three weeks hence.

List on November 15, 2022.