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2014 DIGILAW 57 (MEG)

Mawiong Umjapung village v. State of Meghalaya

2014-04-04

S.R.SEN

body2014
Judgment S.R. Sen, J. This instant writ petition is directed against the installation of abattoir at Mawiong, Shillong. The petitioner's case in nut shell is that "the writ petitioners are the traditional village institutions represented by the elected Headman to assail the legality of the on-going construction of the Modern Abattoir/Slaughter House at Mawiong, Shillong, East Khasi Hills District without obtaining environmental clearances from the competent authorities to protect the environment. Due to construction of the said project by the respondents from the month of February, 2012, massive continuous flow of loose soils and accumulation of hazardous pollutants have totally polluted the said Umshing River situated just 80 to 90 metres from the aforesaid project which is the only source of water supply for the entire locality of the two villages comprising of 1700 houses and a population of about 11,000. The two villages have since constructed the pump for drawing water from the said Umshing river and the Government never provide any water supply to the villages despite knowingly acute shortage of water. The people of the area on several occasions appealed to the respondents not to proceed with the project until alternative water supply arrangement is provided but the respondents arbitrarily resumed their construction from the last week of March 2012 and continued the same till date. As direct consequences, the residents of the two villages are facing acute shortage of drinking water which was normally pumping from the said river and now they are compelled to purchase drinking water from outside but for those who cannot afford, they can only depend on the rain water. Hence, this instant Writ Petition before this Hon'ble Court under Article226 of the Constitution of India for appropriate relief." 2. Mr. H.L. Shangreiso, the learned counsel appeared for on behalf of the petitioners submits that due to the installation of abattoir, the villagers of Mawiong Umjapung and Mawiongrim are of the apprehension that the Umshing river will be polluted. The learned counsel further contended that the said river is the only source of drinking water and if it is polluted, the villagers will be deprived of fresh drinking water and vulnerable to health hazard. 3. The learned counsel also drawn my attention to the Joint Survey conducted by the villagers and the Government officials which is at Page-35. The learned counsel further contended that the said river is the only source of drinking water and if it is polluted, the villagers will be deprived of fresh drinking water and vulnerable to health hazard. 3. The learned counsel also drawn my attention to the Joint Survey conducted by the villagers and the Government officials which is at Page-35. In the additional affidavit, it is clearly stated that, since the water has already been polluted, adequate measures are required to be taken by the Government to prevent such pollution. Hence, necessary direction may be passed as this Court deemed fit and proper. 4. On the other hand, Mr. K.S. Kynjing, the learned Advocate General submits that, the Government has taken a decision to install the said abattoir as per the scheme and guidelines given by the Hon'ble Apex Court and the Government has taken all the preventive measures so as to avoid any kind of pollution in the stream called Umshing river. 5. The learned Advocate General also drawn my attention to Para-8 of the affidavit-in-opposition and further argued that, the Government has clearly mentioned in the affidavit-in-opposition that all preventive measures have been taken to avoid pollution in the river so that none of the villagers residing in a around the abattoir or stream are affected. 6. Mr. V.G.K. Kynta, the learned senior counsel for respondent No. 4 also endorsed the submission advanced by the learned Advocate General. 7. After hearing the submissions advanced by the learned counsel for the parties, I find that the crux issues involved in this instant writ petition are that, the 2(two) villages mentioned above are of the apprehension that, due to the establishment/installation of the abattoir, the Umshing river will be polluted and the villagers may be deprived of fresh drinking water and vulnerable to health hazard. Therefore, I am of the considered view that, the Government/Respondents should take necessary steps to ensure that Umshing river will not be polluted and if it has already been polluted during the construction of the abattoir or due to any other reasons, steps should be taken to clean it so that the water is drinkable and can be consumed by the villagers safely. 8. 8. Further, the respondent No. 5 is directed to form a Committee to monitor and to see that the said river/stream referred above is not polluted during the construction or operation of the abattoir and if it has already been polluted, immediate preventive measures should be taken accordingly. The Meghalaya Pollution Control Board to include one expert from the Central Pollution Control Board, Government of India to ensure that the Umshing river is free from any kind of pollution. 9. It is further directed that, the Government should comply with this order strictly keeping in mind the interest of the inhabitants residing in and around the area as well as their health hazard. With these observations and direction, this instant petition is allowed to that extent and the matter stands disposed of.