Shillong, July 24: The clash of interest between the Meghalaya government and the Khasi Hills Autonomous District Council (KHADC) has come to the fore over implementation of the controversial Meghalaya Building Bylaws in scheduled areas under the jurisdiction of the council.

Irked over alleged encroachment of the Meghalaya Urban Development Authority (Muda) of the state's urban affairs department into the scheduled areas, the NCP member in the council from Laban constituency, Sanbor Shullai, today petitioned urban affairs minister Ampareen Lyngdoh, demanding immediate withdrawal of the building bylaws of Muda from the areas within the territorial jurisdiction of the council.

Speaking to reporters here, Shullai, who is also the MLA of South Shillong constituency and former deputy Speaker, said the building bylaws of Muda, framed under the Meghalaya Town and Country Planning Act, 1973, have been illegally implemented in areas within the territorial jurisdiction of the district council.

"The Meghalaya Town and Country Planning Act, 1973, has clearly stated in Section 2 that it shall extend to the whole of Meghalaya excluding the areas under the jurisdiction of the district council," Shullai said.

Thousands of residents within the scheduled areas have been also denied basic amenities like water and electricity in violation of human rights, as the state public health engineering department and the Meghalaya Energy Corporation Ltd (MeECL) cannot provide these services without the permission of Muda, he added.

Shullai asked Ampareen to direct Muda and the municipal board not to encroach upon the jurisdiction of the council. He said the urban affairs department should issue a notification for withdrawal of all circulars and orders related to the implementation of building bylaws in the scheduled areas.

The jurisdiction of the municipal board and Muda is confined only within the European Ward, established during the British period.

Quoting a Supreme Court ruling (dated December 10, 1999) in a case (civil appeal of 1999) between the KHADC (petitioner) and Pawan Sharma of Non-Tribal Youth Union, Shullai said the apex court, in its verdict, has clearly stated that the Shillong Municipal Board is a civic organisation which can make/regulate laws or bylaws or exercise powers only for health and sanitation.

He also quoted a Supreme Court ruling in a case between the council and Ka Drepsila in 1975 which stated that except for the European areas which were fully acquired by the British government, other areas were ceded to the British government for municipal administration.

"The actions of the state government and Muda tantamount to contempt of court and we will take a legal recourse if the government takes no action against encroachment by Muda and the municipal board into the territorial jurisdiction of the district council," Shullai said.

The member, however, said the urban affairs minister had promised to look into the demand and sought 15 days to study the existing laws including judgments passed by the apex court.

When contacted, KHADC chief P.N. Syiem said they had constituted a committee of technical and legal experts to work out the modalities.