The Meghalaya High Court last week put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022. The MoU was signed by Assam Chief Minister Himanta Biswa Sarma and his Meghalaya counterpart Conrad Sangma to resolve the long standing...
The Meghalaya High Court last week put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022.
The MoU was signed by Assam Chief Minister Himanta Biswa Sarma and his Meghalaya counterpart Conrad Sangma to resolve the long standing interstate boundary dispute, particularly in respect of six areas. The arrangement dictated Assam keeping 18.51 square kilometres of land, with Meghalaya keeping 18.28 square kilometres of land, for the 36.79 square kilometres of total land.
Justice H. S. Thangkhiew passed the interim order on a plea moved by Tribal Chiefs, claiming that the MoU violates provisions of the Sixth Schedule of the Constitution which relates to 'Administration of Tribal Areas' in NE States.
The petitioners said that if the MoU is gone through and demarcation is effected physically, their petition will be rendered infructuous.
The application was opposed by the respondents arguing that no interim orders were required, since the petitioners had no locus to challenge the MoU in the first place and since no irreparable loss would be caused to them, should the MoU move forward.
The High Court however said that an objection in the form of an affidavit is necessary to be filed. Thus, it granted interim stay in favour of the petitioners, effectively halting the operation of the MoU and constructions of boundary pillars thereof.
"During the intervening period, no physical demarcation or erection of boundary posts on the ground, pursuant to the MoU dated 29.03.2022 shall be carried out, till the next date," i.e., February 6, 2023.
Case Title: Hamberly Wahlang and Others v. Union of India and Others
Citation: MC (WPC) No. 206 of 2022 in WP(C) No. 480 of 2022
Coram: Justice H. S. Thangkhiew