DORBAR HIMA OF BHOWAL SYIEMSHIP Vs. K.H.A.D.C.

JUDGEMENT

(1.) The brief facts of the case is that the respondent No. 6/Syiem of Maharam had filed a complaint before the Executive Committee, KHADC alleging boundary encroachment by the Dorbar Hima of Bhowal Syiemship (Writ Petitioner) into his syiemship, and that the respondent No.1 instead of constituting a tribunal as envisaged under the Khasi Hills Autonomous District (Administration of Elaka) Act, 1991, to hear the matter, entertained the complaint itself and passed the impugned order dated 01.02.2019 without even affording the petitioner any opportunity of hearing.

(2.) Dr. N. Mozika, learned Sr. counsel assisted by Mr. M.L. Nongpiur, learned counsel for the petitioner, submits that the Executive Committee, KHADC (Respondent No. 2) had acted in violation of the Khasi Hills Autonomous District (Administration of Elaka) Act, 1991, which stipulates under Section 4, that the Respondent No. 1 is to refer a boundary dispute to a duly constituted Tribunal to hear the same, but in the instant case, the Respondent No. 2 instead had taken up the matter upon itself and disposed of the same, vide the impugned order dated 01.02.2019. He submits that the action of the Respondents Nos. 1 and 2 being violative of the Act and the principles of Natural Justice the same is not sustainable in law and the impugned action and order of the Respondents Nos. 1 and 2 is liable to be interfered with by this Court.

(3.) Mr. V.G.K. Kynta, learned Sr. counsel assisted by Ms. M.V. Kynta, learned counsel for the respondent No. 1-5 in reply fairly submits that the matter may be remanded back to the Executive Committee, KHADC for reconsideration.