Serial No. 01       HIGH COURT OF MEGHALAYA
Regular List               AT SHILLONG

PIL No. 4 of 2017
                                                   Date of order: 04.03.2020
In Re Sou Motu for Efficient Management
of Cleanliness & Hygienic conditions in  Vs.      State of Meghalaya
Shillong City
Coram:
       Hon'ble Mr. Justice Mohammad Rafiq, Chief Justice
       Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant (s) :    Mr. T.T. Diengdoh, Sr. Adv.

For the Respondent(s)            :    Dr. N. Mozika, Sr. Adv. with

Mr. P.N. Nongbri, Adv. (For R 1&3) Mr. S. P. Mahanta, Sr. Adv. (For R 4) Ms. A. Paul, ASG Considering the importance of the matter, we requested Mr. T.T. Diengdoh, learned Senior counsel who is present in the Court to assist the Court as Amicus Curiae and he has agreed.

Let office provide a copy of complete papers of this file to him. Dr. N. Mozika, learned Senior counsel appearing for the State submitted that the Supervisory Committee constituted vide notification dated 02.06.2017, held its last meeting in October, 2019 and thereafter no meeting has been held. He therefore prayed that hearing of the matter may be deferred for some time so as to enable the Supervisory Committee to make further deliberations.

The Supervisory Committee was constituted by this Court to oversee the conditions of cleanliness and hygiene of the Shillong city. This Court vide order dated 06.07.2017 required the Supervisory Committee to meet once in a week. Thereafter when the matter was listed before the Court on 21.06.2017, this Court was informed that the weekly meetings are being held by the Committee. This Court with a view of ensuring smooth functioning of the Committee vide order passed on that date required that the Commissioner & Secretary, Urban Affairs may be designated as Co- Chairman of the Committee, who may chair the meeting in absence of the 1 Chairman i.e., the Chief Secretary. This Court further directed that the Member Secretary, State Legal Services Authority shall be co-opted as member of the said Committee and left it open for the Committee to co-opt one more member. It is however regrettable to note that despite specific direction, meeting of the Committee has not been held for past five months.

Having regard to the significance of the issue of cleanliness and hygiene of the State capital Shillong, we deem it appropriate to make the following directions:-

I. That Mr. T.T. Diengdoh, learned Amicus Curiae and Member Secretary, Meghalaya State Pollution Control Board shall be inducted as members of the Supervisory Committee and the necessary notification for reconstituted Committees in this behalf shall be issued. II. That the respondent State notify constitution of four sub-committees of the Supervisory Committee; (1) for area falling under the jurisdiction of the Shillong Municipal Board, with the Chief Executive Officer as a member, (2) for area falling within the jurisdiction of the Shillong Cantonment Board, with its Chief Executive Officer as a member, (3) for area falling under the jurisdiction of the Khasi Autonomous District Council, with its Secretary as a member and (4) for area falling under the jurisdiction of the Hima Mylliem with its Syiem as a member who shall, along with Member Secretary, Meghalaya State Legal Services Authority and learned Amicus Curiae also as its members, shall constitute separate sub-committees for each of these areas.

III. That the aforementioned sub-committees shall conduct periodical inspection of the areas falling under their jurisdiction at least once in a month, as per the date and time fixed by Member Secretary of MSLSA, and submit their report to the Supervisory Committee. IV. That the Supervisory Committee, upon consideration of the suggestions/recommendations in the report of the respective sub- committees, shall issue appropriate direction for immediate cleanliness of the areas so as to restore the hygiene.

V. That Member Secretary, Meghalaya State Pollution Control Board shall have independent inspection of different parts of the city of Shillong 2 carried out and ensure compliance of various provisions of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 and take appropriate action against the defaulting person/party for violating of any provisions thereof. Member Secretary of the Pollution Board shall also from time to time give suggestions for ensuring cleanliness and hygiene of the city. VI. That the Supervisory Committee shall hold its meeting, at least once in a month, preferably in the last week of every month, on the date and time fixed by its Chairman i.e., the Chief Secretary of the State.

For the present, we direct that this matter shall be listed every first week of the month for further consideration commencing from the month of May, 2020.

Matter to come up on 04.05.2020.

               (W. Diengdoh)                            (Mohammad Rafiq)
                   Judge                                  Chief Justice
Meghalaya
04.03.2020
"Sylvana PS"




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