SC issues notice to Assam Govt for illegal construction in Meghalaya land

Syllad | The Rising MeghalayaJuly 16, 2021

The Supreme Court of India on Friday issued notice to the State of Assam for illegal construction of Assam State Transport Corporation (ASTC) depot in Meghalaya land.

The notice was issued based on a petition raising issues pertaining to resolution of the border dispute between Meghalaya and Assam and alleged illegal encroachment of the land of one Ms Newyearly Thangkhiew Nongkseh, a resident and owner of land in Them Marwet, Umling Community & Development Block (village code no.277460 at  serial number 212 of the list of villages of Ri Bhoi District, Meghalaya), Khanapara, Raid Marwet, Mylliem Syiemship, Ri Bhoi District, Meghalaya.

The matter titled Ms Newyearly Thangkhiew Nongkseh v. Union of India & Ors was registered as WP(C) 672/2021, and was listed on Friday before a bench of Justice Nazeer and Justice Murari.

The Supreme Court after hearing the Counsel, Pragyan Pradip Sharma along with Junior Luwang and Gurnoor Kaur, deemed it appropriate to issue Notice in the said matter.

The said petition argued by Pragyan Pradip Sharma, raises important questions of law relating to border issues between Assam and Meghalaya and as also issues pertaining to the 6th Schedule of the Constitution of India.

The petitioner filed the said petition under Article 32 of the Indian Constitution as the ongoing border disputes between, State of Assam and State of Meghalaya (since the last almost five decades) and the said issues have posed a direct threat to the petitioner and her family’s livelihood.

The petitioner also alleged that the Assam State Transport Corporation has illegally encroaches into Meghalaya territory and started constructing a depot in the plot which was owned and possessed by her.

She argued that is a tribal land governed by the Sixth Schedule of the Indian Constitution and if at all, Petitioner’s land is allowed to be encroached and retained by State of Assam, the same will result in conversion of tribal land to non-tribal land.

The Assam State Transport Corporation has as recently as 2020 started construction of a building on 30,000 sq feet of petitioner’s land.

This apart, the instant Petition also raises issues of public importance qua the livelihood of people affected by inter-state boundary issues, in as much as there are around similarly placed 100 families on the Meghalaya side of the Border alone, affected by the present Assam-Meghalaya border issues.