Dorbar Hima Of Bhowal Syiemship vs K.H.A.D.C. & Ors

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.

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.

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.

Mr. R. Kharsyad, learned counsel for the respondent No. 6 and Mr. L. Lyngdoh, learned counsel for the respondent No. 7 also have no objection if the matter is remanded back to looked at afresh by the Respondent No. 2, Executive Committee, KHADC.

Taking the submissions of the learned counsels for the parties into account and also the facts and circumstances of the case, the only point that is to be determined is whether it was within the powers of the Respondent No. 2, Executive Committee, KHADC, to take up the matter upon itself as has been done in the present case, to decide a boundary dispute which is admittedly governed by a special Act, i.e. the Khasi Hills Autonomous District (Administration of Elaka) Act, 1991.

The Khasi Hills Autonomous District (Administration of Elaka) Act, 1991, at Section 4 of the Act, speaks about the manner in which a boundary dispute is to be adjudicated and the same is quoted herein below:

"4. Boundary Dispute between Elakas:- If a boundary dispute arises between two or more Elakas or between an Elaka and a village of another Elaka or between two villages of different Elakas, the dispute shall be referred by the Elaka or Elakas concerned, by a petition, to the Tribunal constituted by the Executive Committee for the purpose which shall decide accordingly.

Such petition shall be filed to the Secretary of the Executive Committee in duplicate accompanied by a fee of Rs. 250/- in cash.

An appeal against any order and decision of the Tribunal shall be referred by the aggrieved party or parties by a petition to the Executive Committee and its decision shall be final."

The Act being a special Act which has been enacted to specifically deal with such matters, there was no reason for the Executive Committee, KHADC, to take upon itself to hear a matter relating to a boundary dispute between Elakas. The Respondent No.2 by doing so has acted contrary to the Act, and the impugned order which is the product of such a proceeding is therefore irregular and unsustainable.

For the forgoing reasons, the impugned order dated 01.02.2019 is hereby set aside and quashed and Respondents Nos. 1 and 2 (KHADC) are directed to refer the dispute to a duly constituted Tribunal to fully adjudicate the matter in dispute. In the meanwhile, until such decision, status quo as on today shall be maintained by both the parties.

With the following directions, the petition stands disposed of.