Serial No.01 Supplementary List HIGH COURT OF MEGHALAYA AT SHILLONG PIL No. 14 of 2025 Date of order: 10.12.2025 Relief and Rehabilitation Colony vs. Union of India & ors Welfare Society Coram:

Hon’ble Mr. Justice Soumen Sen, Chief Justice Hon’ble Mr. Justice H.S. Thangkhiew, Judge Appearance:

For the Petitioner : Mr K. Paul, Sr Adv. with Ms K. Decruse, Adv.

Mr S. Chanda, Adv.

For the Respondents : Dr N. Mozika, DSGI with Ms K. Gurung, Adv. [for R1-4]

Mr K. Khan, AAG with Mr S. Sengupta, Addl Sr GA Mr A.H. Kharwanang, Addl Sr GA [for R5-9]

Indiscriminate permission for private boring of Deep tube wells where local water supply exists is the subject matter in this public interest litigation (PIL).

The petitioner is a Society duly registered under the Societies Registration Act, 1860 and claims to have been authorised by its bye-laws to safeguard the environment, public resources and citizens’ right to clean and sustainable water. However, the bye-laws of the Society have not been disclosed.

We grant liberty to the Society to file a supplementary affidavit disclosing its constitution, bye-laws and all other relevant documents by the adjourned date.

However, having regard to the issues raised in this public interest litigation, we are inclined to accept it.

The petitioner has disclosed the guidelines to regulate and control ground water extracted in India dated 24.09.2020 along with few other guidelines, including the Meghalaya State Water Policy, 2019 and further disclosed documents to show that indiscriminate permission has been granted to certain individuals without complying with such guidelines. The petitioner also disclosed the representation made in this regard to the Executive Engineer (WR) Cum Member Secretary, District Level Committee on Ground Water Resources, East Khasi Hills District, Shillong and also to various other authorities connected with the matter.

The learned DSGI and learned Additional Advocate General have submitted that the authorities concerned shall look into this matter and file an affidavit on the adjourned date and shall ensure that there is no breach of the Meghalaya State Water Policy, 2019 in granting permission. Whenever any permission has been granted that should be revisited and any action if proposed to be taken against the persons to whom such permission has been granted shall be afforded adequate opportunity. In the event any adverse decision is taken against such applicants who are presently enjoying such water facility in terms of the permission granted by the authorities concerned, reasonable opportunity of hearing should be given to them.

The petitioner is directed to publish the gist of the applications and prayers in two leading newspapers in the State within three weeks from date. Any person interested in the proceeding shall have a right to appear and participate in this proceeding.

The matter stands adjourned till 28.01.2026.

Service be effected upon the respondent Nos. 10 and 11 within a week from date. The said respondents shall also file affidavit in the meantime.

Leave is granted to the petitioner to array the private individuals against whom it is alleged that they have obtained permission in violation of statutory norms and regulations as appearing from Annexure-VII to the petition, as party respondents by tomorrow i.e., 11.12.2025.

(H.S. Thangkhiew) (Soumen Sen)

Judge Chief Justice Meghalaya 10.12.2025 “Sylvana-PS”