Meghalaya High Court stays Assam-Meghalaya Border Pact on tribal chiefs’ plea

As per the petitioners, the MoU violates provisions of the Sixth Schedule of the Constitution which relates to the administration of tribal areas in North-Eastern States.

High Court of Meghalaya.
High Court of Meghalaya.

December 16, 2022

The Meghalaya High Court has ordered an interim stay on the physical demarcation or erection of boundary posts on the ground in connection with the Assam-Meghalaya border pact signed earlier this year.

“It is however understood that during the intervening period, no physical demarcation or erection of boundary posts on the ground, pursuant to the MoU dated 29.03.2022 shall be carried out, till the next date,” the bench comprising Justice Thangkhiew said.

The interim stay was ordered by the court on a petition filed by four traditional chiefs of Meghalaya. As per the petitioners, the MoU violates provisions of the Sixth Schedule of the Constitution which relates to the administration of tribal areas in North-Eastern States.

The Centre (the respondent) stated to move forward with the MoU since the petitioners had no locus to challenge the MoU and no irreparable loss would be caused to them.

The Memorandum of Understanding (MoU) was signed between Meghalaya Chief Minister Conrad K Sangma and his counterpart Himanta Biswa Sarma on 29 March for demarcating the border in at least six of the 12 contested locations that often raised tensions between the two States. As per the arrangement, Assam will keep 18.51 square kilometres of land, and 18.28 square kilometres of land will be with Meghalaya, out of the 36.79 square kilometers of total land.

 

 

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