Raij Buam v. The State of Meghalaya and 7 Ors

JUDGMENT AND ORDER (ORAL)

¶1In view of the order passed today in Misc. Case No. 163 of 2024, the applicants Nos. 1 & 3, are added as the respondents Nos. 11 &

12.

¶2This Court by the order dated 05.09.2024, had passed a detailed order with regard the modalities and SOP for the operation and management of Krangsuri tourist spot, as per the suggestions submitted by the Deputy Commissioner.

¶3It is reported by Mr. N.D. Chullai, learned AAG that the District Tourism Promotion Society (DTPS) has since taken over the management and operation of the said tourist spot, and things are functioning smoothly. Further, it is submitted that the protestors who created disturbances, have also vacated the protest site.

¶4In view of these developments, in order that this matter is resolved; it is directed as follows: -

(i) The writ petitioner, the newly impleaded parties, and the duly appointed representatives of the 4 (four) Clans shall be allowed to raise their claims and counter claims before the Executive Committee, Jaintia Hills Autonomous District Council for settlement of the dispute.

(ii) The Executive Committee, Jaintia Hills Autonomous District Council shall issue notices fixing a date for the matter to be taken up and after hearing the parties by giving adequate opportunity, including the adducing of evidence, if necessary, dispose of the matter on its merits and in accordance with law while taking into consideration the prevailing customary rights and practices.

(iii) It is further directed that to avoid multiplicity of proceedings, before the main proceedings commence, the Executive Committee District Council is to ascertain the authorization to be provided by the respective parties to validate their status as representatives of their Clans as a preliminary issue.

¶5The Secretary Executive Committee, Jaintia Hills Autonomous District Council shall issue notice to all the parties within 15(fifteen) days from the date of this order. It is expected that the proceedings be completed as expeditiously as possible, preferably within a period of 6(six) months from its commencement.

¶6Needless to add, till the matter is resolved and disposed of by Executive Committee, Jaintia Hills Autonomous District Council, the directions as contained in the order dated 05.09.2024, are to be strictly complied with.

¶7On the above noted directions, the matter stands closed and is accordingly disposed of. Chief Justice (Acting) Meghalaya

12.09.2024 "V. Lyndem-PS"

Date: 2024.09.12 19:08:57 IST

Serial No. 12 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 286 of 2024 Date of Decision: 12.09.2024 Raij Buam Elaka Amwi …. Petitioner(s) Versus 1. The State of Meghalaya, represented by the Deputy Commissioner cum District Magistrate, West Jaintia Hills District, Jowai. 2. The Sub Divisional Officer cum Sub Divisional Magistrate, Amlarem Sub-Division, Amlarem, West Jaintia Hills District, Meghalaya. 3. The Executive Magistrate, Amlarem Sub Division, Amlarem, West Jaintia Hills District, Meghalaya. 4. The Superintendent of Police, West Jaintia Hills District, Jowai 5. The Sub Divisional Police Officer, Amlarem Civil Sub Division, Amlarem, West Jaintia Hills District, Meghalaya 6. The Officer in Charge, Amlarem Police Station, Amlarem, West Jaintia Hills District, Meghalaya 7. The Director of Tourism, Tourism Department, Government of Meghalaya, Shillong Represented by its Director 8. The Jaintia Hills Autonomous District Council, Jowai Represented by its Secretary to Executive Committee. 9. Smti Happy Sumer, D/o (L) Shri Pitson Tariang, R/o Thangbuli Village, Raid Buam, Amlarem Sub Division, Pin-793161, West Jaintia Hills District, Meghalaya 10.Shri Albert Khyriem, S/o Shri Kilbo Rongngi, R/o Umladkhur Village, Raid Buam, Amlarem Sub Division, Pin-793161, West Jaintia Hills District, Meghalaya 11.Shri Wanlang Surong, S/o Plot Suting R/o Thangbuli Village, Raid Buam, Amlarem Sub Division, Pin-793161, West Jaintia Hills District, Meghalaya 12.Shri Tympang Buam, S/o Shri Lan Dkhar, R/o Umladkur Village, Raid Buam, Amlarem Sub Division, Pin-793161, West Jaintia Hills District, Meghalaya … Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting) Appearance: For the Petitioner(s) : Mr. J. Shylla, Adv. For the Respondent(s) : Mr. N.D. Chullai, AAG with Ms. Z.E. Nongkynrih, GA (For R 1-7) Dr. N. Mozika, Sr. Adv. with Mr. M.L. Nongpiur, Adv. (For R 8) Ms. P.S. Nongbri, Adv. (For R 9-12) i) Whether approved for reporting in Law journals etc.: ii) Whether approved for publication in press: