DSGMC seeks Meghalaya Governor’s intervention into move to relocate Sweeper’s Colony

Syllad | The Rising MeghalayaOctober 14, 2021

A delegation of the Delhi Sikh Gurdwara Management Committee (DSGMC) on Thursday sought the intervention of the Meghalaya governor Satya Pal Malik into the government’s move to relocate the Sweeper’s Colony from Them Iew Mawlong.

This came after the state government has decided to implement the recommendations made by the High Level Committee (HLC) headed by the Deputy Chief Minister Prestone Tynsong on September 28.

In a memorandum submitted during the meeting, DSGMC president S Manjinder Singh Sirsa requested the governor to intervene into the situation and “to provide the long settlers/Harijan community of the state of Meghalaya an immediate solution for the same”.

He said the government’s action more particularly the statement of the chief minister Conrad K Sangma for taking possession of land within a week is against all canons of law and in utter violation of the law.

He said that the advocate general in the very first meeting of the HLC had stated that “all actions have to be done in accordance with law. Whatever actions that had been taken in the past was interfered with by the Court because Shillong Muncipal Board (SMB) or authority concerned had not followed the steps/procedure laid down as per law. If govt or SMB in this case is the rightful owner, then the action to be followed has to be guided by the Meghalaya Public Premises Act”.

Alleging that nobody (SMB, Syiem of Hima Mylliem or Govt) had the ownership of the land in question, Sirsa said, “In an RTI, the SMB failed to provide the ownership proofs, original agreements, maps, site plans or any other authentic document.”

“Now, they are creating some MoUs or tripartite agreement which is against the law. On one hand KHADC said that the land of Hima Mylliem should be returned back upon the direction of HLC, which is contrary to HLCs stand. SMB said that land belongs to them as per agreement of 1954 as dorbar of SHM has given it, which is contradictory to actual situation on ground,” he added.

He further said that the government asking Urban Affairs department to work out plan and submit the proposal for relocation of non-government employees from the colony is not only beyond their jurisdiction but also leading to communal violence.

“They are instigating the long peaceful dwellers of the Sweepers’ Lane without even granting any opportunity to them to say anything. The unilateral direction of the government in the name of illegal settlers is highly unconstitutional in nature and despite after the direction of the High court they are not stopping from going ahead,” he stated.

The Harijan Panchayat Committee has challenged the constitution of the HLC before the Meghalaya High Court, which on February 15, 2019 had directed “…the government and all the other agencies not to disturb the petitioners in any manner and if at all they want to evict or remove them, they are to approach the Civil Court and the Civil Court will pass a proper judgement after giving equal opportunity to both the parties and decide the title in accordance with law.”

Subsequent to this, a review petition was filed by the government against the order dated February 15, 2019 however, it was directed to be dismissed as withdrawn by the High Court.

“The government preferred appeal against the order dated February 15, 2019, in which no directions have ever been made by the Court till date,” Sirsa said.

He added, “In the sub-judice matter, the HLC tried to dispossess/evict the residents of the Sweepers’ Lane/Punjabi lane, in view whereof another writ petition was filed by the Harijan Panchayat Committee, in which the High Court considered the situation and directed to maintain status quo by the parties.

The HLC now have recommended/reported to the government of Meghalaya for shifting/relocation of the Punjabi lane/Sweepers Colony/Harijan people from Iew Mawlong, Bara Bazaar, which is not only against the law but the constitutional provisions and directions of the Meghalaya High Court.”

Reiterating his opposition against the government taking possession over the land, Sirsa claimed that  the Syiem of Hima Mylliem himself has confirmed in the year 2008 and recognized stating that “since the plot of land was allotted to them (Harijan community) long time back by the predecessors Syiem of Hima Mylliem..”.

“The action of the HLC in recommending the government to sign a tripartite agreement is against all canons of law. Further, the agreement dated 4.1.1954 of Shillong Municipal Board and Syiem of Mylliem  also stated clearly that “…the portion of the Sweepers’ line will continue to be used heretorfore, i.e. for accommodating for the sweeper’s quarters and not to be used for any other purpose”.

Therefore, this process of tripartite agreement to take possession of the land from the Syiem of Hima Mylliem is an action towards instigating clashes once again that can spiral into violent unrest and riots amongst the residents and citizens of the state,” he added.