Meghalaya High Court
Registrar General vs State Of Meghalaya on 7 July, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No.01
Daily List HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.13/2026
Date of order: 07.07.2026
Registrar General, vs. State of Meghalaya
High Court of Meghalaya
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner : -
For the Respondent : Mr. A. Kumar, Advocate General with
Mr. K. Khan, AAG
Mr. A.H. Kharwanlang, Add.Sr.GA
The aforesaid suo motu petition has been registered
pursuant to various reports, including the report prepared by the
CISR-National Environmental Engineering Research Institute
(NEERI), at the instance of the Meghalaya State Pollution Control
Board. The said report identifies serious deterioration in ambient
air quality in Byrnihat industrial area, identifies major industrial
and vehicular emission hotspots and concludes that action needs
to be taken by the authorities of the State of Meghalaya and
Assam and gives certain specific and general conclusions and
recommendations to address the pollution. The report further
indicates that air pollution in the region is attributable to multiple
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anthropogenic sources and highlights the need for continuous
environmental monitoring, periodic scientific assessment of
pollution levels, effective enforcement of the environmental laws
and coordinated regulatory measures to mitigate a cumulative
impact of industrial activities on the environment and public
health.
2. Similarly, various articles in various newspaper reports
highlight the pollution in Byrnihat industrial area, resulting in
the air and water quality in the said area, being seriously
impacted. Reports even show that there is 77% rise in respiratory
illnesses in the said area.
3. Infact, it is pertinent to note, that CISR-NEERI was
appointed at the instance of the Meghalaya State Pollution
Control Board (MSPCB) with a brief to submit a comprehensive
report of the air pollution sources and emissions within Byrnihat
and the Export Promotion Industrial Park (EPIP), in Meghalaya.
From the report submitted by CISR-NEERI, it appears that a part
of the town of Byrnihat in Meghalaya has been developed as an
EPIP under a Centrally Sponsored Scheme (CSS), and that the
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scheme aims to provide infrastructure for industrial unit with
export potential. It appears further from the report, that there are
several industrial units in the said area, including steel plants,
smelters, alloy production units, etc, and that the presence of
these industries alongwith its associated activities and overall
growth have led to Byrnihat and the adjacent EPIP area,
becoming a non-attainment town in terms of ambient particulate
matter (PM10). After conducting a detailed survey with respect to
the brief given by the MSPCB, CISR-NEERI submitted its detailed
report way back in March, 2025 to the MSPCB. The brief was
given by MSPCB to CISR-NEERI in 2024.
4. The CISR-NEERI report sets out at the end, its specific and
general conclusions and recommendations, vis-Ã -vis the issues
referred to by MSPCB. The report has identified two industrial
zones, one in Tamilkuchi area and another in EPIP, as being the
two most prominent hotspots of emissions. The G.S. Road is also
stated to be part of a hotspot, as it has high vehicular load and
hosts commercial activity areas along its length. The report
highlights the major source of emissions and has given
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recommendations for control of the same. Apart from setting out
specific recommendations for issues relating to emission of
silica/quartz; industrial emissions, including fuel combustion;
dust emission and resuspension; vehicular tailpipe emission; and
biomass and waste burning, CISR-NEERI has also given general
recommendations under the potential ambit of regional airshed
approach for air quality management. The general
recommendations apart from specific recommendations, state
that the entire Byrnihat airshed should be brought under
integrated AQM action plan to ensure accountability and to
achieve clean air goal; that all particulate generating industries
(all types of metallurgical and alloy making, cement, coke etc.)
need to install bag house or other suitable APCD for PM control
from operations and should conduct annual performance
evaluation audit; that strict on-site fugitive emission control
system like de dusting houses, sprinklers, shed for shortage etc.
needs to be installed in all industries handling coal, coke, loose
earth, any kind of ore, cement, quartz, etc., and that such
operations should not depend on fresh water resources like
groundwater, streams etc., but on grey water or harvested
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rainwater; that 24×7 operations of emission control system in all
industries in airshed needs to be ensured; that strict vigilance
should be there for emission compliance; that all soil and stone
mining activities in the entire airshed needs to be monitored on
regular basis for particulate emissions and air quality
management system needs to be implemented; that all large
industries in the airshed need to be develop greenbelt around the
periphery to minimize particulate dispersion outside the
premises; that transition to renewable energy sources in the
entire airshed should be prioritised for long term environmental
sustainability and so on. The said report was given by CISR-
NEERI in detail, way back in March, 2025 to the MSPCB. What
steps have been taken by the MSPCB pursuant thereto, to
address the pollution issues in Byrnihat, is not known.
5. Despite, Byrnihat being flagged as one of the worlds most
polluted place and serious concerns being raised regarding the
environmental and public health consequences; despite the IQ
World Air Quality Air Quality Report, 2024, recording an annual
average PM2.5 (air pollution from fine particles less than 2.5
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micrometers concentration of 128.2 mg/m3, making Byrnihat, the
world polluted area), the same is more than 25 times the WHO’s
guideline of 5 microgram per cubic meter; despite, the CSIR-
NEERI Report of 2025, acknowledging pollution; despite Centre
for Research on Energy and Clean Air (CREA) having flagged
Byrnihat as India’s most polluted city recently, the Pollution
Control Board has not taken prompt steps to address this critical
issue, more particularly, when the air quality in Byrnihat, is
critically impacting the health and lives of the people living there.
From one of the reports, it appears that there is an increase in
respiratory illnesses and many more health issues. Right to clean
air and water is recognised as a facet of Article 21 by Courts, time
and again. The reports would indicate that the Pollution Control
Board needs to act with alacrity before the situation worsens. The
need of the hour is to ensure, that the Board enforces laws
strictly, whether under the provisions of the Environment
Protection Act, Water Act or the Air Act; enforces strict vigil on all
industries polluting the air/water; enforces emission standard for
every industrial unit, etc. The Board needs to also ensure real
time air and water monitoring systems are installed, to check
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pollution, so that minute/tiny particles can be traced i.e.,
particles which can enter the lungs and the bloodstream.
6. Apart from the aforesaid, it is also pertinent to note that the
Apex Court in August, 2025 in Delhi Pollution Control
Committee v. Lodhi Property Co. Ltd. Etc. reported in (2026) 2
SCC 670, has categorically stated that the Pollution Control
Boards can impose and collect as restitutionary and
compensatory damages fixed sum of monies or require furnishing
bank guarantees as an ex-ante measure towards potential
environmental damage in exercise of powers under Sections 33A
and 31A of the Water and Air Acts, respectively. Accordingly, in
paragraphs 39 (b) (c), the Apex Court has directed as under;
“39(b) we direct that the Pollution Control Boards can
impose and collect as restitutionary and compensatory
damages fixed sums of monies or require furnishing
bank guarantees as an ex-ante measure towards
potential environmental damage in exercise under
Sections 33A and 31A of the Water and Air Acts
(c) it is further directed that the power to impose or
collect restitutionary or compensatory damages or the
requirement to furnish bank guarantees as an ex-ante
measure under Sections 33A and 31A of the Water and
Air Acts shall be enforced only after detailing thePage 7 of 10
principle and procedure incorporating basic principles
of natural justice in the subordinate legislation.”
7. Whether or not MSPCB has taken action/steps, pursuant
to the said judgment is not known. Hence, we deem it appropriate
to direct the Registry to implead the Central Pollution Control
Board, New Delhi and the Meghalaya State Pollution Control
Board as party respondent Nos.2 and 3. Considering the serious
impact of the air quality and pollution on the lives of the people, it
would also be appropriate to direct the Registry to implead the
Secretary, Health Department, Government of Meghalaya and the
Secretary, Department of Environment, Government of
Meghalaya, as party respondent Nos.4 and 5, respectively. Mr.
Kumar, learned Advocate General waives notice on behalf of the
respondent No.1-State of Meghalaya as well as the newly added
respondent No.3-Meghalaya State Pollution Control Board,
respondent No.4-the Secretary, Health Department, Government
of Meghalaya and respondent No.5-the Secretary, Department of
Environment, Government of Meghalaya.
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8. Issue notice to the respondent No.2-Central Pollution
Control Board returnable on 20th July, 2026. The Registry to
forthwith issue notice to the newly added respondent-Central
Pollution Control Board. In addition, the Registry to send by
fax/email to the Central Pollution Control Board, New Delhi of the
notice issued today.
9. In the meantime, learned Advocate General, representing
the State of Meghalaya and MSPCB, to file an affidavit stating
therein, the steps taken by the Board pursuant to the report
submitted by CISR-NEERI on March, 2025; the steps taken by
the MSPCB against polluting industries/units/distilleries etc.,
pursuant to the judgment of the Apex Court in Lodhi Property Co.
Ltd. (supra); and in general, the steps taken to address the
serious issues relating to pollution in Byrnihat. The learned
Advocate General to inform this Court whether samples of the
water of Umtrew River have been taken and if yes, the result of
the same. The affidavit to also contain what action has been
taken against the polluting industries/units/distilleries, etc. A
detailed affidavit to be submitted by the authorities. Learned
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Advocate General to also inform us regarding the feasibility of
establishing a Regional Office at Byrnihat, considering the
pollution levels in that area i.e., which are way beyond the
permissible limits. Learned Advocate General to also take
instructions for carrying out medical examinations of all the
people residing in the area.
10. Learned Advocate General to also inform us with respect to
the actions taken by the Board in other industrial belts i.e., qua
polluting industries/units/distilleries etc. within the State of
Meghalaya.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
07.07.2026
"Lam DR-PS"
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Signature Not Verified
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.07.10 20:03:20 IST
