Meghalaya High Court
Registrar General vs State Of Meghalaya & Ors on 23 July, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 03
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.13/2026
Date of order: 23.07.2026
Registrar General, Vs. State of Meghalaya & ors
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: Mr. Philemon Nongbri, Amicus Curiae with
Mr. R. Pahsyntiew, Adv
Mr. D.S. Pajat, Adv
For the Respondents: Mr. K. Khan, AAG with
Mr. A. H. Kharwanlang, Addl.Sr.GA
Mr. R. Debnath, CGC for R/2
Ms. K.E. Sema, Adv with
Ms. Z.S.L. Synrem, Adv for R/3
i) Whether approved for reporting in No
Law journals etc.:
ii) Whether approved for publication
in press: Yes
Pursuant to the order dated 20th July, 2026, learned
counsel appearing for the respondent No.3-Meghalya State
Pollution Control Board (MSPCB) has tendered an affidavit of the
said respondent. The said affidavit affirmed by Dr. G.H.
Chyrmang, MFS dated 22nd July, 2026 is taken on record.
Page 1 of 6
2. As directed, the concerned officers from the MSPCB are
also personally present in Court.
3. Having perused the affidavit, we find that there are several
shortcomings in the said affidavit, inasmuch as, there is no data
of the action taken against the polluting industries in Byrnihat,
including industries polluting the Umtrew River. When the same
was pointed out to the learned counsel appearing for the
respondent No.3, learned counsel sought time to file a
comprehensive affidavit, giving a detailed response of the said
data, including the action taken by the MSPCB vis-Ã -vis each of
the specific and general recommendations given by NEERI. We
also direct the respondent No.3 to submit a report with respect to
the steps/action taken by them pursuant to the judgment of the
Apex Court in Delhi Pollution Control Committee v. Lodhi
Property Co. Ltd. Etc. reported in (2026) 2 SCC 670. The
affidavit to also contain the steps/action taken by the said
authority vis-Ã -vis pollution of Waikhyrwi River in Sutnga, River
Thwai Kungor in Bapung, River Rawaka, River Kmai-um, Stream
Metyngka in Rymbai, River Ummynkseh in Lad Rymbai, River
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Umkyrpong in Khliehriat in East Jaintia Hills. Infact, the water
quality of the aforesaid rivers in East Jaintia Hills has been
analysed by several institutes, including the Meghalaya Institute
of Natural Resources (MBDA).
4. Mr. Khan, learned AAG to also inform us with respect to
the steps that will be taken by the concerned Departments i.e.,
the PWD and MIDC for construction of roads within the Byrnihat
area, where industries are functioning, in view of the report
received from NEERI and the recommendations made therein.
5. Mr. Khan, learned AAG has also tendered an affidavit of the
Commissioner and Secretary to the Government of Meghalaya,
Health Department, dated 22nd July, 2026. The same is also
taken on record. From the affidavit, it appears that the Director of
Health Services (MCH&FW) cum Jt. MD NHM, Meghalaya, has
issued a letter dated 22nd July, 2026 to the Director of Health
Services (MI), Meghalaya, to conduct a research study titled
“Association between Ambient Air Pollution and Respiratory
Symptoms in Meghalaya”. It further appears from the said letter
that the study has been sanctioned under the FMR Code and
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total budget of ₹12 lakhs has been approved for conducting the
said research across the State of Meghalaya. It also appears from
the said letter that the study will be conducted in a phased
manner, the first phase being Ri-Bhoi District (the Byrnihat area).
Mr. Khan, on instructions states that efforts will be made to
submit a preliminary report with respect to the said district at the
earliest.
6. Mr. Khan, further inform us on instructions that although
there is a Primary Health Centre (PHC) and that there are huge
numbers of patients suffering from acute respiratory illness seen
in the said Centre. When questioned, he states that there is no
Radiologist attached to the said PHC and that all the X-rays are
forwarded to Nongpoh Civil Hospital, where there is a Radiologist
to enable him to submit a report.
7. Considering, the huge number of respiratory illnesses in
the said area of Byrnihat, we request the Health Department to
consider, whether a Radiologist can be sent thrice a week to the
PHC at Byrnihat. The Health Department to submit its report on
the next date. Mr. Khan to also inform us what steps the
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Transport Department has taken to address emissions from
vehicular traffic, in particular, emission of trucks in the said area,
as observed in the NEERI report.
8. Learned counsel appearing for the respondent No.2-Central
Pollution Control Board to also file their affidavit with respect to
the steps they have taken vis-Ã -vis addressing the issue of
pollution with the Assam Pollution Control Board, since part of
Byrnihat comes in Assam and which also has industries in the
said area. The said affidavit to be filed before the next date. A
responsible officer from the Central Pollution Control Board to
remain present through VC on the next date.
9. Considering the issues involved, we deem it appropriate to
appoint Mr. Philemon Nongbri, Advocate, as an Amicus Curiae.
To assist Mr. Nongbri in the aforesaid petition, we appoint Mr. R.
Pahsyntiew and Mr. D.S. Pajat, Advocates. We request Mr.
Nongbri as well as the Secretary, DLSA, Ri-Bhoi District,
Nongpoh, to visit Byrnihat area, including the PHC and submit a
report on the next date. All papers of the petition, NEERI report
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and the affidavits tendered today be handed over to Mr. Nongbri,
latest by tomorrow to enable him to go through the same.
10. Copy of the order be forwarded to the Secretary, DLSA to
comply with the same.
11. Stand over to 10th August, 2026.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
23.07.2026
"Lam DR-PS"
Signature Not Verified Page 6 of 6
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.07.27 14:03:03 IST
