Gauhati High Court Closes PIL Seeking Directions On Assam Govt To Not Encroach On Subjects Allocated To KAAC After State Assures Adherence To MoS
The Gauhati High Court on Thursday closed the PIL seeking directions to the State of Assam and its department not to encroach upon the subjects, which are allocated to the Karbi Anglong Autonomous Council (KAAC) under the 6th Schedule of the Constitution of India and governed by the Memorandum of Settlement, 2011, on the basis of assurance given by the State Government that it is bound to the conditions laid down in said Settlement.
The division bench of Chief Justice Vijay Bishnoi and Justice Kardak Ete was hearing a Public Interest Litigation (PIL) which prayed for issuing directions to the State of Assam and its departments to withdraw and recall the notifications, including the Cabinet decisions, which transgress upon the allotted subjects and also not to interfere in the legislative and executive powers of the KAAC on the allotted subjects.
The petitioner highlighted several instances to demonstrate such alleged encroachment and transgression by the State of Assam and its departments upon the legislative as well as executive functioning of the KAAC on the allotted subjects.
However, the State Government in its reply to the plea clarified that it is s not encroaching upon the legislative or executive powers of the KAAC on the allotted subjects.
The Counsel appearing for the petitioner submitted that the State Government in its reply has, by and large, denied such encroached upon the functions of the KAAC over the allotted subjects, however, there are instances where some attempts are being made, which appear to be transgression over the rights of the KAAC by the State Government.
On the other hand, the Counsel appearing for the State submitted that the Memorandum of Settlement, 2011 (MoS) arrived at between the State Government, KAAC and other stakeholders is to be honoured and till date the State Government has not attempted to transgress over the rights of the KAAC on the allotted subjects and in future also the State Government is bound to honour the conditions laid down in the Memorandum of Settlement, 2011 in its full letter and spirit.
The Counsel appearing for the Union of India also assured that so far as the actions required to be taken by the Union of India in terms of the MoS are concerned, the process is going on and the Central Government shall take every possible step to abide by the terms and conditions of the MoS.
“In view of the above submissions made on behalf of the learned counsel for the parties, we are of the view that no further order is required to be passed in this PIL petition and the same is, therefore, disposed of accordingly,” the Court said.
Citation: 2024 LiveLaw (Gau) 48
Case Title: Rensing Bey v. The State of Assam & 3 Ors.
Case No.: PIL/70/2022