Lamki Kyndiah vs State Of Meghalaya & Ors

Ajay Kumar Mittal, CJ

A letter dated 13.02.2019 was sent to this Court by Shri Lamki Kyndiah, Paltan Bazar, inter alia, seeking intervention by the High Court for removal of garbage/waste disposal from Jeep Stand, Paltan Bazar by the office of Syiem of Hima Mylliem. The said communication was treated as Public Interest Litigation (PIL) and accordingly petition was numbered as PIL No.1 of 2019.

The applicant who had sent the communication had, inter alia, stated therein that the location at Jeep Stand, Paltan Bazar had caused inconvenience to the commuters, traders as well as to the residents and also created severe unhealthy surroundings which leads to a repository disease. Prayer for direction of the High Court for removal of garbage and waste disposal from Jeep Stand, Paltan Bazar by the office of the Syime of Hima Mylliem has also been made.

Upon notice having been issued, separate affidavit-in-opposition had been filed by respondents No.1 to 3.

It has been, inter alia, stated in the affidavit-in-opposition filed on behalf of respondent No.1 that garbage and waste are disposed of mainly by the commercial establishment from Iewduh (Bara Bazar) and Paltan Bazar, whereas, Jeep Stand falls under the jurisdiction of the Syiem of Hima Mylliem and Shillong Cantonment Board. The Urban Affairs Department in order to make segregation at source for collection/ transport/ processing/ disposal of garbage and solid waste in the City of Shillong and Greater Shillong had issued a Notification to have 'clean, green and more habitable city'. The affected aforesaid area(s) falls under the jurisdiction of the Syiem of Hima Mylliem and Shillong Cantonment Board, it shall be the responsibility of the Syiem of Hima Mylliem as well as Shillong Cantonment Board in collaboration with the District Council to ensure that the area(s) falling under their respective jurisdictions be kept clean and free of waste.

The respondent No.2 in his affidavit-in-opposition, inter alia, stated that Iewduh (Bara Bazar) is one of the oldest and largest traditional markets in the North East India and had been in existence since time immemorial and all the major trade and commerce carried out in this market falls within the jurisdiction of respondent No.2 who has all along been managing and looking after the same till date. Paltan Bazar which is a residential-cum-commercial locality falling within the jurisdiction of Shillong Cantonment Board and is adjacent and bordering Iewduh (Bara Bazar) does not have its own garbage disposal mechanism, as such, the residents and traders of Paltan Bazar have been using the two dustbins constructed by respondent No.2. Respondent No.2 has also stated that numerous labourers have been engaged who have been entrusted with the job of sweeping the respective areas/zones everyday either early in the morning prior to opening of the market or after the market hours are over and also engaged labourers who pick up the garbage from the dustbins in the early morning hours before opening of the market and are put in the garbage truck for dumping in the designated dumping area. Further steps undertaken by respondent No.2 for up keep and maintenance of the area have also been elaborated.

The Chief Executive Officer, Cantonment Board-respondent No.3 in his affidavit-in-opposition has, inter alia, stated that Jeep Stand or Iewduh does not fall under the jurisdiction of the Cantonment Board. The Cantonment Bazar area starts from Lukier Road to Cantonment Boundary Pillar No.16 where regular and daily collection of garbage was being carried out by the Cantonment Board by engaging garbage collection trucks as well as manual labourers/cleaners on a daily routine manner and all attempts are made to keep the area clean. It is also stated that garbage preventive measures have been implemented to see that no garbage is dumped in the said area falling within the Cantonment Board and also public toilets are being constructed.

Learned Additional Advocate General has produced the coloured photographs of the place from different angles which is taken on record. A communication from the Under Secretary to the Government of Meghalaya, Urban Affairs Department has also produced wherein, it is stated that the garbage/waste will be collected periodically and CCTV cameras have been installed by the Police Department so as to avoid any dumping of garbage/waste. Mr. SP Mahanta, learned senior counsel appearing for respondent No.3 states that even public toilets have been built for general public.

Learned counsel for the respondents assured the Court that cleanliness of the area shall be maintained and shall be periodically checked by the State Government, Syiem of Hima Mylliem, Shillong Cantonment, Shillong Municipal Board as well as the District Council.

In view of the above, no further action is called for at this stage, therefore, this PIL stands closed.