Prohibiting Villagers From Using Public Road Violates Fundamental Rights: Meghalaya HC On Village Durbar Resolution

"As observed earlier, the resolution dated 24.04.2019, is in violation and in contravention of the petitioners' fundamental rights, as it has imposed restrictions on the movement of the petitioners, as also preventing them from transporting their produce and essential commodities which is manifestly illegal, discriminatory and at the same time punitive which militates against and offends Articles-14, 19 and 21 of the Constitution of India. The resolution dated 24.04.2019 therefore being patently illegal and arbitrary, is accordingly quashed and set aside."

The court said the resolution, notwithstanding any provocation, cannot and should not have been passed by authority, customary or otherwise. It further observed that there is no doubt that the road would be for the benefit of all but added that the lack of respect for private property cannot be condoned in any manner. 

"Article 300-A of the Constitution provides that 'no person shall be deprived of his property say by authority of law' and every citizen is guaranteed this protection, apart from every other authority such as a Village Dorbar, being bound in this aspect," said the court.

The court ordered that the petitioners shall not be prevented, restrained or impeded in any manner by the respondents - the village body functionaries, in the use the village road for any lawful purpose such as for transport of their agricultural produce, essential commodities and other goods.

"It is also made clear that the petitioners shall also not be prevented in any manner from availing of any available developmental Schemes and assistance from Govt. agencies. Any coercive action against the petitioners, such as social boycott or any other punitive measure that may be adopted by the respondents No. 1, 2 and 3, shall forthwith be reported to the District Administration, who shall take appropriate action thereon," said the court.

The bench said the senior citizens should not have been put to such loss and agony and imposed a cost of Rs 25000 on Village Dorbar and functionaries. The fine is to be paid to the petitioners within a period of four weeks, as per the order dated September 14.

However, the court also directed that Executive Magistrate of the District Administration along with the Block Development Officer to facilitate a meeting between village functionaries and the petitioners, at the earliest, "to explain and enlighten them as to their duties and functions which should be exercised within legal parameters, in a lawful and just manner."

The petitioners had approached the court for quashing and setting aside the resolution dated 24.04.2019 and for directions to not restrict the petitioners from using an existing village public road. The two petitioners hail from Village known as Marwir, Myriaw Syiemship, West Khasi Hills. The village body had proposed construction of a motorable road on the existing village kutcha road, by availing Government Schemes in 2019.

Besides restraining the petitioners from using the village road for transportation of their produce, the  Village Dorbar also forbade any vehicle from transporting or carrying it and further imposed a condition that a fine of an amount of Rs. 5,000 would be imposed on any violator. 

The Petitioners argued before the court that the petitioners have faced undue hardships and incurred substantial financial loss, as their agricultural produce, and essential commodities has not been allowed to be transported via the village road due to the resolution It was submitted by that as far as their portion of land is concerned, the petitioners are ready to sign the NOC. It was contended that the resolution is violative of Articles 14, 19, 21 and 300-A of the Constitution of India.

The Village Dorbar and its functionaries argued that the Project for constructing a motorable road in the Village under the available Government Schemes, was for the general benefit of all residents of Marwir Village and its surrounding areas. The court was told the petitioners' refusal had put the entire project in jeopardy. 

With regard to legal sanction, the court was of view that the Village Headman, who is elected and empowered under Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem and Electors of Myriaw Syiemship) Act, 2007, is regarded as a customary head at the village level. The court said the headman discharges customary duties and has since been accorded importance, prominence and even legal sanction by the Government in the implementation of Government Schemes. 

However, the court said the acquisition of land from land owners by way of donation cannot be said to have any legal sanction. It added the petitioners were not under any customary obligation to part with their land.

"Article 300-A of the Constitution provides that 'no person shall be deprived of his property say by authority of law' and every citizen is guaranteed this protection, apart from every other authority such as a Village Dorbar, being bound in this aspect," said the court 

The petition was disposed of

Case Title: Shri Thwen Marngar & Anr. Vs. The Marwir Village Dorbar & Ors.

Citation: 2022 LiveLaw (Meg) 37 

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