Land grab case
By Our Reporter
SHILLONG: Additional Advocate General SP Mahanta will have to give up not only the land measuring 14,285 sq. feet at Lower Lachumiere , but also the houses there as per the order of the Court of the Deputy Commissioner (Judicial) B Giri who termed the continued possession of the land by Mahanta as illegal.
The court in the order passed on Monday, while pointing out that the documents related to the agreement to sell the land to Mahanta was not legally valid, also reversed the earlier findings of the trial court of FS Sangma who had dismissed the case. “The appellants (Tushar Nath Bhattacharjee and others) are entitled to get back the possessions of the said piece or parcel of land with the houses standing thereon,” the court observed.
The court also re-produced the description of land as “measuring more or less 14,285 sq.ft covered by plot no. 80 comprised in Patta No. 58 situated at Lachumiere (of European Ward), Shillong, whereupon there stands two Assam type houses of which one is the main house and the other one is the outhouse”.
According to the court, the plinth area of the houses, the type of construction, numbers of rooms and all such particulars are missing. “Thus the same cannot properly and specifically be described for restoration of possession and the appellant plaintiff has to identify them with all the specifications,” the court ruled.
With the order, pressure is mounting on the Government to drop Mahanta, who is allegedly involved in the land grab case.
When the case came up in the early part of 2011, under pressure from the Opposition legislators, Mahanta had to relinquish the post following a direction from the Government.
However, when a lower court dismissed the petition in early part of last year, Mahanta was reinstated.
CSWO president Agnes Kharshiing, who has been following up the case in support of the petitioner, said that since Mahanta is holding a constitutional post, he should relinquish the position.
According to Kharshiing, the Government should step in to take necessary action against Mahanta.
Kharshiing also said the judgement will bring back the faith of the people in the Judiciary.
“We hope that the Judiciary will also pull up those who are influential and bring up false cases,” she added.