Shillong, March 6: Maverick United Democratic Party (UDP) leader H.S Shylla called the Advocate general of the state B.P Todi as ‘incompetent’ and the legal advisers of the Khasi Hills Autonomous District Council (KHADC) as ‘ineffective’ ,a reason that he attributed as a cause for the Meghalaya urban Development Authority (MUDA) to intrude into areas beyond its domain.
Shylla made this statement at a press conference on Monday where he defined the shortcomings by the Government and the KHADC senior counsels on matters related to the Meghalaya High Court decision on matters pertaining to the enforcement of the Building bye laws 2011 in the Shillong Master Plan Areas.
Quoting the MUDA Press release on 5th, August, 2015 that announced the enforcement of state building bylaws in the Autonomous areas of the state and the subsequent withdrawal through a public notice on the very same November 5th, 2015, Shylla said, This was in view of the Public Interest Litigation (PIL) in the High court where the court stayed through an interim order to keep in abeyance.
Shylla said that the building bye laws in to the aforesaid expanding areas of Shillong conglomerate hold no clout because the Court goes with the Meghalaya Town and Country Planning Act, 1973. He said, the bugs stop there, but incompetence of the State and KHADC legal counsels, without a grueling exercise added to the fiasco. “They should have read the court order stated, “the respective parties does not appear necessary for the simple reason that the basic issue as raised in this petition could no longer be considered surviving when the questioned public notice dated 5.11.15 has been withdrawn by MUDA”.
Contending that MUDA has no jurisdiction in the areas of the Autonomous district councils, Shylla out rightly said, “We have an advocate General who has be consistently reprimanded and fined by the High Court, How can he argue with the numerous cases related to the Government”. He also termed the KHADC lawyers of being too less in an understanding on legal issues that has brought about the council to such a pass.
Stating that he has written an open letter to the Chief Minister on the alleged intrusion of MUDA-which is in violation of the Court order, Shylla asked the affected public in the areas under district council to take a step forward. “Any individual from the MECL or PHE or MUDA who tries to interfere in the me of building bye laws should be complaints and nesecary action will have to be taken.”
The present law in place and it categorically said that the Meghalaya Town and Country Planning Act, 1973 illustrated that the municipality act excludes the autonomous areas under the district council. He concludes, “the court order that suggest the concern authorities to take in an appropriate forum has gone wayward because there is no co-ordition between the Chief Minister and the Chief Executive member”.