NES ROY SING KHARMUTI Vs. KHASI AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) The writ petitioner in the instant writ petition is aggrieved with the impugned order dtd. 12/10/2017 passed by the respondent No. 2 (Executive Committee, Khasi Hills Autonomous District Council), wherein the respondent No. 2 has held that Jaud locality falls within Nongkhlaw Syiemship, and is a part of Laitarted village which the petitioner however maintains is part of Sohiong Lyngdohship.

(2.) Apart from the factual aspects, petitioner is aggrieved with the fact that the Executive Committee, in view of the Khasi Hills Autonomous District (Administration of Elaka) Act, 1991, is not the competent authority to decide such matters, inasmuch as, in the said Act, Sec. -4 has made provision that in any boundary dispute between Elakas, the same shall be referred to a duly constituted Tribunal. Sec. -4 of the Act which is relevant to the case is reproduced hereinbelow:-

(3.) Mr. V.G.K. Kynta, learned Senior counsel assisted by Ms. G. Kynta, learned counsel for the respondent No. 1 to 4, fairly submits that in view of the provision of the Act as mentioned, it would be appropriate if the matter is directed to be taken up afresh by a duly constituted Tribunal as provided in the Act.