SHILLONG, April 06: Nongkrem MDC, Hispreacing Son Shylla has threatened to take the state government to court if it fails to produce the “resolutions” passed by the three ADCs to give their consent for implementing the Meghalaya Town and Country Planning Act, 1973 in their respective jurisdictions.
“We will be left with no option but to approach the Court for its intervention if the state government fails to produce such resolutions by next week,” Shylla said after meeting the Urban Affairs Minister Ronnie V Lyngdoh here.
The decision was taken after the UDP MDC from Nongkrem recently received a reply from the Khasi Hills Autonomous District Council (KHADC) which clearly stated there was no such resolution passed by the Council on this regard.
In a letter to Shylla, the Secretary of the KHADC said, “I am to inform you that as per records available in our office, there is no such resolution of the district council on the proviso of sub-section (2) of Section 1 of the Act, 1973.”
He said a copy of this letter from the KHADC was also handed over to the urban affair minister and now the response of the state government is being awaited.
Earlier, Shylla had also challenged the claims made by the MUDA secretary in an affidavit submitted before the Meghalaya High Court with regards to a writ petition filed by one Tirot Sing Syiemlieh.
The affidavit of the MUDA secretary stated - “That it is pertinent to state that initially the Act was enforced only in normal areas of Shillong, however, vide notification dated 13.01.1989, the Act was enforced in the entire state.”
The issue revolves around the protest against the alleged illegal encroachment of the MUDA building byelaws into schedule areas.
Pointed out but as per Section 1 sub-section (2) it clearly stated – “It (Act) shall extend to the whole of Meghalaya excluding the Autonomous Districts”, Shylla had stated, “By submitting the 1989 notification, it means that the MUDA is in possession of the resolutions of the three ADCs – KHADC, JHADC and GHADC.”
According to him, without the resolutions passed by the ADCs the government cannot come up with such notification which was as per proviso of the sub-section (2) of Section 1 of the Act, 1973.
Meanwhile, the former KHADC chief said that with the recent declaration of the District Council that there has been no such resolution being passed, the 1989 notification is no longer relevant to the district council.