Has the Jowai Municipal Board violated the Meghalaya Land Transfer Act?

Syllad | The Rising MeghalayaMarch 10, 2022

Has the Jowai Municipal Board (JMB) violated the Meghalaya Land Transfer of Land Regulation Act 1971 to acquire the lands for setting up the Landfill at Lum Mooshutsdai- Mookabeng, Thadmusem Village under Thadlaskein Community & Rural Development Block, West Jaintia Hills District is a million dollar question?

According to a public notice no. JMB/Gen1-17/2021-22/2 Dated Jowai, the 9th August 2021, the Government of Meghalaya, Urban Affairs Department (Jowai Municipal Board) proposes to develop a long term Sanitary Landfill Site for Waste Management for the Jowai Town. Any person so desiring to offer or sell land for the above purpose may submit their proposal with attested photo copies of land documents, survey map of the plot as well as offered rate to the office of the undersigned. The last date for receipt shall be the 15th September 2021 at 3 pm.

Also Read | MDA Govt dumped 800 trucks of garbage against people wish: UDP

On the Criteria of the Plot, the public notice stipulated that plot shall be above 50 acres, the landfill site shall be 500 metres from river, 200 meters from a pond, 5 kilometres from Highways, habitations, public parks and water supply, wells, etc. and the landfill site shall not be permitted within a flood plain, wetland, critical habitat areas, sensitive eco fragile areas etc.

Notably during a meeting held on 21^st December, 2021, B. Blah, MCS, Chief Executive Officer Municipal Board informed that the Office of the Jowai Municipal Board has issued Public Notice Dt. 9th August 2021 requesting land owners desirous to offer or sell their land for the purpose of long term sanitary landfill.

Also Read | Jowai MLA may lose election if garbage issue is not resolved: Mukul to Govt

She further said that in respond to this, the office has received 15 (Fifteen) applications from different villages out of which Urban Affairs Department has shortlisted 4 (Four) applications based on the areas and other criteria of their lands.

The shortlisted land were inspected on 19th October 2021 by the members of Task Force Committee which comprises the Director Urban Affairs, Additional Deputy Commissioner, District Urban Planner, Executive Officer Municipal Board, Town Planning Officer MUDA, representative from Meghalaya Pollution Control Board and representative from Forest and Environment.

Also Read | Govt serious to get new landfill for waste management: Dhar

She also informed all the members submitted their views and opinions and all has considered the land of Baiamonlang Shylla situated at Lum Mooshutsdai- Mookabeng Village feasible for landfill site and the Task Force Committee conducted detailed survey of the land and accordingly on 28th November 2021 recommended the land of Baiamonlang Shylla situated at Lum Mooshutsdai-Mookabeng Village as Landfill Site for Jowai Municipal Board.

After the identification of lands for acquiring for setting up the Land fill should not the Jowai Municipal Board issue a public notice for claims and objection whereby expressing their interest of acquiring the lands of Baiamonlang Shylla for setting up the landfill as per provision of the Meghalaya Lands Transfer of Land Regulation Act 1971 as to ascertain the ownership of the lands to avoid any legal wrangle later.

Also Read | Protestors violated Section 144 CrPC & bouldered their opposition to garbage of Jowai Town

The Meghalaya Land Transfer of Land Regulation also laid down procedure for environmental public hearing and forest clearance and also the conduct of an Environmental Impact Assessment prior the public hearing.

Has the Jowai Municipal Board followed the procedures before they started dumping of garbage in the lands of Baiamonlang Shylla? If the Jowai Municipal Board reasoned that they have not acquired the lands of Baiamonlang Shylla then how the Board can dumped several trucks of garbage in her lands is another question that begs answer. 

Also Read | Trash pile burns out in the open, local says no other alternative

One of the criteria mandates for plot is that it should be 5 kilometres from Highways, habitations, public parks and water supply, wells, but the Jowai Municipal dumped several trucks of garbage despite the stiff opposition from the local people on ground of extreme proximity with their water sources.

The Jowai Municipal Board stopped the dumping of garbage in the Mynkjai Land fill due to opposition from the local people since November, 2021. But what happened to the garbage already dumped in Mynkjai and it seemed that the Board has left the garbage unattended and virtual eye sores for passer-by.