Meghalaya HC Directs State Govt To Protect Water Bodies, Restricts Construction Near High-Water Mark

The Meghalaya High Court recently directed the state government to ensure that no construction takes place within 50 metres of the relevant waterbody’s high-water mark without the express prior permission of the Court.

The State will make every endeavour to preserve all the waterbodies in the State and neither the State nor the local authorities will allow any construction to come up within 50 metres of the high-water mark of the relevant waterbody without the express previous leave of this Court”, the court directed.

The directive was passed by a bench comprised of Chief Justice Sanjib Banerjee and Justice W. Diengdoh while hearing a Public Interest Litigation (PIL) on the conservation of water bodies in the State.

The bench’s directive comes in response to an affidavit filed by the Secretary to the State Government in the Forest and Environment Department, which highlighted the efforts of an expert subcommittee in drafting a set of norms and guidelines for future construction around water bodies.

The affidavit stated that the draft guidelines for the protection and conservation of water bodies have been submitted and the State has circulated them for comments from various departments and district councils. Recognizing the importance of public participation, the bench allowed interested parties to obtain copies of the draft guidelines from the State to aid in the proceedings.

As a result, State Counsel requested that the matter be scheduled in eight weeks so that a firm position on the guidelines could be indicated.

In light of the aforementioned request, the bench directed that the matter be scheduled for 19^th July, 2023.