Meghalaya HC says no physical demarcation on Assam-Meghalaya border till February 6

Syllad | The Rising MeghalayaDecember 8, 2022

The Meghalaya High Court on Thursday directed that no physical demarcation and erection of boundary posts on the ground in Assam-Meghalaya border till February 6, next year.

The order was passed by the Single Bench after hearing a petition which sought a stay to the operation of the Memorandum of Understanding (MoU) signed between Assam and Meghalaya on March 29.

The petition was filed by four traditional chiefs – Syiem of Jirang R Hamberly Wahlang, Acting Syiem of Hima Mylliem Ainam Manik, Sirdar of Nonglang Sirdarship Pholasly Nianglang and Acting Chief of Nongspung Syiemship Erald Jyrwa.

“It is however understood that 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,” Justice HS Thangkhiew said in his order.

The next hearing has been fixed on February 6, 2023.

During the hearing, counsel for the petitioners P Sharma submitted that in the event the demarcation is effected physically and boundary marks are placed on the ground pursuant to the MoU, the entire writ petition will be rendered infructuous, and the writ petitioners will be without any remedy.

Advocate General A Kumar submitted that no interim orders are called for at this stage as firstly, the locus of the petitioner has not been established and further no irreparable loss would be caused to the applicants/petitioners, in the event the MoU is carried forward.

The Court however said looking into the nature of the matter and the submissions made by the learned AG, it appears that an objection in the form of an affidavit is necessary to be filed to enable this Court to consider the interim prayer as prayed by the applicants/petitioners.

“The learned AG is accordingly permitted to file objections to the interim prayer and to the maintainability of the writ petition,” it said.