High Court of Meghalaya

The Dorbar Shnong Of Umladkhur Village vs The Executive Committee on 25 June, 2024

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

                                                         2024:MLHC:573




Serial No. 05
Supplementary List
                    HIGH COURT OF MEGHALAYA
                              AT SHILLONG
WP(C) No. 220 of 2024
                                        Date of Decision: 25.06.2024
1. The Dorbar Shnong of Umladkhur Village
   Represented by its Headman,
   Shri Rimon Lyngdoh,
   S/o Shri Ral Mulad,
   R/o Umladkhur Village, Elaka Amwi,
   Amlarem Civil Sub-Division-793150,
   West Jaintia Hills District, Meghalaya.
2. Smti Baiamonlang Tariang,
   D/o Smti Iaineh Tariang,
   R/o Ladjapdem Village, Elaka Amwi,
   Amlarem Civil Sub-Division-793150,
   West Jaintia Hills District, Meghalaya.           ...Petitioner(s)
            Vs.
1. The Executive Committee,
   Jaintia Hills Autonomous District Council, Jowai
   Represented by its Secretary,
   West Jaintia Hills District, Meghalaya
2. The Chief Forest Officer,
   Jaintia Hills Autonomous District Council, Jowai,
   West Jaintia Hills District, Meghalaya
3. General Secretary of Raid Buam,
   Represented by Shri Donbok Buam,
   S/o Shri Shing Buam,
   R/o Ladjapdem Village,
   Amlarem Civil Sub-Division,
   West Jaintia Hills District, Meghalaya.     .... Respondent(s)
4. The Dolloi of Elaka Amwi,
   Mupyut Village, Elaka Amwi,
   Amlarem Civil Sub-Division,
   West Jaintia Hills District, Meghalaya .. Proforma Respondent(s)




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                                                               2024:MLHC:573




Coram:
                 Hon'ble Mr. Justice H. S. Thangkhiew, Judge


Appearance:
For the Petitioner(s)         : Ms. P.S. Nongbri, Adv. with
                                Mr. M.A. Laitmon, Adv.

For the Respondent(s)         : Dr. N. Mozika, Sr. Adv. with
                                Mr. M.L. Nongpiur, Adv. (For R 1&2)
                                Mr. J. Shylla, Adv. (For R 3)

i)    Whether approved for reporting in                     Yes/No
       Law journals etc.:

ii)   Whether approved for publication
      in press:                                             Yes/No


                  JUDGMENT AND ORDER (ORAL)

1. Heard Ms. P.S. Nongbri, learned counsel for the

petitioners.

2. Dr. N. Mozika, learned Senior counsel assisted by Mr. M.L.

Nongpiur, learned counsel is present on behalf of the respondents Nos.

1 & 2, and Mr. J. Shylla, learned counsel has filed his power on behalf

of the respondent No. 3.

3. As the issue in question is short, this matter is being

disposed of at the motion stage itself.

2024:MLHC:573

4. The complaint of the writ petitioners is that the respondent

No. 3, represented by the General Secretary of Raid Buam, had without

notice to the petitioners Nos. 1 & 2, who are vitally interested, had

sought for registration of a forest as Law Ri Sumar situated at Elaka

Amwi, before the Chief Forest Officer of the Jaintia Hills Autonomous

District Council, Jowai. It is further submitted that pursuant to this

application, notices was issued only to the Dolloi of Elaka Amwi

(Proforma respondent No. 4), the General Secretary of Raid Buam and

to the Assistant Forest Officer, whereby without the knowledge of the

petitioners, the registration was allowed for an area measuring 5226.03

Hectares.

5. It is contended by the learned counsel for the petitioners

that the entire exercise was conducted behind their back, and further

that the said registration was made on the basis of a recommendation

given by a former Dolloi on 12.10.1979. She submits that this is in

violation of Section 18 (11) of The Jaintia Hills Autonomous District

(Establishment of Elaka and Village and Election, Appointment,

Powers and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act,

2015. She therefore, prays that the grant of the registration being illegal

and without due process the same be set aside, and the matter be

examined afresh.

2024:MLHC:573

6. Dr. N. Mozika, learned Senior counsel assisted by Mr.

M.L. Nongpiur, learned counsel for the respondents Nos. 1 & 2, has at

the outset raised objections as to the joinder of the petitioners and

submits that the petitioners Nos. 1 & 2 have separate causes of action.

He further contends that as per rules framed under The United Khasi

Jaintia Hills Autonomous District (Management and Control of

Forests) Act, 1958 at Rule-7, it has been provided that any appeal

against the order of the Chief Officer shall lie to the Executive

Committee, and as such the writ petition is not maintainable at this

stage.

7. It is further submitted by the learned Senior counsel that the

petitioner No. 2, as evident from Annxure-9 annexed to the writ

petition, has already approached the Executive Committee against the

registration of the forest of Raid Buam, and that the same is under

consideration with notice being issued to the interested parties. He

therefore, submits that at this stage, no interference is called for,

inasmuch as, statutory remedy is being availed of, by the petitioner No.

2. It is further submitted that notices have been issued to the respondent

No. 3 and to the Chief Forest Officer, but however, no notice has been

issued to the petitioner No. 1.

2024:MLHC:573

8. Mr. J. Shylla, learned counsel who has entered appearance

on behalf of the respondent No. 3, has raised strong objections to the

prayers made in the writ petition and submits that there is already a civil

suit pending between the petitioner No. 1 and the respondent No. 3. He

further submits that the contention of the writ petitioners that the

Village is situated within the Raid Buam is incorrect, inasmuch as, as

per the map issued by the Chief Forest Officer, the Village has been

excluded from the said registration. He therefore, prays that the writ

petition be dismissed, as the same has resulted in multiplicity of

litigation.

9. Ms. P.S. Nongbri, learned counsel for the petitioners has

rebutted the submissions made by the respondents and submits that the

petitioners have approached this Court, as there are disturbances in the

cultivation of the villagers, apart from other disturbances, being caused

by the respondent No. 3.

10. After hearing the learned counsels for the parties, it is

noted that the Chief Forest Officer had registered the forest on

08.12.2022, and that as submitted by the petitioners, knowledge of the

registration came to be known only in December, 2022, for which a

representation and other objections have been filed. It is further noted

and as submitted by the learned Senior counsel for the respondent

2024:MLHC:573

District Council, that any order of the Chief Forest Officer is appealable

under the Rules, before the Executive Committee, and from the

materials on record, it is seen that the petitioner No. 2 has filed

objections on 11.03.2024 before the Executive Committee, Jaintia Hills

Autonomous District Council, which can be treated as an appeal under

the Rules.

11. In these view of the matter and as the same is yet to be

decided, notwithstanding the fact that the petitioner No. 1 is not a party

thereto, it is hereby directed as follows:-

i) The objections to the registration of the forest of Raid Buam

filed by the petitioner No. 2 before the Executive Committee

shall be taken up and registered as a regular appeal, against

the registration dated 08.12.2022.

ii) The respondents Nos. 1 & 2 in this regard, shall issue notice

to the concerned Villages namely; Headman of the Thangbuli,

Headman of Umladkhur (Petitioner No. 1), Headman of

Shkentalang and Headman of Jarain, to enable them to

participate in the proceedings.

iii) The petitioner No. 1 is also at liberty to place any further

materials as considered necessary for consideration, and as it

has been submitted that a complaint against the registration is

2024:MLHC:573

pending before the Chief Forest Officer, filed by the petitioner

No. 1, the same shall also be taken up by the Executive

Committee, along with the appeal.

iv) The appeal thereafter, after the notices are complete and other

materials filed, shall be taken up and disposed of preferably

within a period of 6(six) months.

v) As apprehensions have been raised of the possibility of

disturbances, it is directed that the parties particularly the

petitioner No. 1, shall not cause any disruption or disturbances

in the area, and the respondents Nos. 1 & 2, shall ensure that

no party in their own capacity or otherwise cause any

disturbances.

12. With the above directions, this matter stands closed and is

disposed of.

JUDGE

Meghalaya 25.06.2024

VALENTINO Digitally signed by VALENTINO LYNDEM

LYNDEM Date: 2024.06.26 10:16:06 +05'30'