Shillong Nov 7: The Synjuk Ki Nongshynshar Shnong Ka Bri U Hynñiewtrep (SNSBH) has served a 20-day deadline to the state government to de-notify a notification issued way back in 1989 to withdraw the MUDA bye-laws from areas falling outside its jurisdiction.

“We urged the government to de-notify the notification dated January 13, 1989 once and for all within twenty days,” SNSBH general secretary R.L. Blah said in a memorandum submitted to the chief minister, Mukul Sangma on Tuesday.

Similarly, in a memorandum sent to the KHADC chief P.N. Syiem, the Synjuk slammed the KHADC for its failure to address hardships being faced by the people due to “illegal encroachment” by MUDA.

According to the SNSBH, withdrawal of the 1989-notification is the “only way out” that the incumbent state government can bring relief to the public affected by the whole confusions brought about by the “illegal enactment” of the MUDA bye-laws outside its jurisdiction.

He informed that the decision was taken at a general meeting of the Executive Committees of various Dorbar Shnongs affected by MUDA encroachment recently.

The notification issued in 1989 by the state government was for implementing of the Meghalaya Town and Country Planning Act, 1973.

An affidavit of the MUDA secretary stated 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.

This affidavit was submitted before the Meghalaya High Court on a writ petition filed by one Tirot Sing Syiemlieh with regards to the operation of the Meghalaya Building Byelaws 2011.

Blah said, “This Act had then been passed through a mere notification only; and has remained as it is till date wherein no legislation was tabled on the floor of the Meghalaya Legislative Assembly.”

He also recalled that the MUDA Byelaws was kept in abeyance after a meeting held between the SNSBH and the state government on November 5, 2015.

“Unfortunately, due to the intervention of the High Court of Meghalaya, the previous order issued vide No. MUDA. BPI/596/2011-12/8-A dated Shillong the 5 TH August, 2015 was re-notified vide a public notice No. MUDA.188/255/2005-06/Pt/6A dated Shillong the 16th January, 2016 and the order of the Government to keep in abeyance was quashed,” he said.

Meanwhile, the SNSBH had also taken strong exception to “unfriendly gestures” of the state government towards its commitments made before the Synjuk during the two meetings held in February and August last year to constitute a new mechanism.

“We urge the government to recall its commitment as expressed in these meetings,” Blah said.

The High Court of Meghalaya on 16.02.2017, had passed a judgment in relation to the PIL filed by Tirot Sing Syiemlieh regarding the implementation of MUDA Building Bye-Laws outside Shillong Municipality Areas.

Referring to the Court’s order, Blah said that though the High Court has permitted the implementation of the Building Bye-Laws outside Shillong Municipality Areas, however, maintained that the matter of jurisdiction over the areas can be re-examined by competent authorities including the judiciary subjected to an appeal that may be filed by the Khasi Hills Autonomous District Council.

Blah pointed out that it had been over six months since the High Court of Meghalaya had passed the judgment on the above mentioned PIL, but unfortunately, the KHADC has remained silent till date.

Slamming the KHADC, he said, “The Synjuk is of the opinion that the KHADC has not taken this matter seriously and is also not aware of the hardships faced by the people under its purview by the illegal implementation of MUDA Building Bye-Laws outside Shillong Municipality Areas,” Blah said while appealing to the KHADC to file a relevant appeal before the High Court within 20 days.