SHILLONG: “The KHADC does not have the authority to the register the land within the scheduled areas since they do not have their own land Act,” Chief Executive Member Pynshngain N Syiem has said.
“The Council had passed several land bills in the past. But these was rejected by the Governor on the ground that the word ‘transfer’ does not appear in Paragraph 3 of the Sixth Schedule,” the CEM said.
Quoting Paragraph 3 (a) of the Sixth Schedule, Syiem said that only words like ‘allotment’, ‘occupation or use’, or the ‘setting apart’, of land are mentioned.
“We would like to have our own Land Act since the Council is the custodian of the land within the scheduled areas. But such provision are not mandated by the Constitution,” Syiem said.
He said that the Deputy Commissioner is authorized to register the land even in scheduled areas as per the provision of the Indian Registration Act, 1908.
“At the moment, the Council is the authority on land records as per the notification issued by the State Government,” Syiem added.
Earlier, the Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep had urged the KHADC authorities to convene a special session to notify Rules for the 53 Hima in Khasi Hills in view of the anomaly in the Indian Registration Act, 1908.
The Dorbar also suggested on the need to hold a special meeting between the KHADC, the deputy commissioners under Khasi Hills, the Commissioner & Secretary, District Council Affairs department, Commissioner & Secretary Law, Advocate General, Additional Advocate General, and Standing Counsel, KHADC, to discuss and propose legislation that would synergize all the registration authorities (Hima, KHADC, and DC Registrar’s office) and to especially protect and identify the 16 category of lands in the Khasi and Jaintia Hills.
“The absence of legislation from the District Council has caused serious conflict at the ground level and leaves no option for the indigenous people but to approach the courts for relief with regards to land disputes – a daunting task given the time taken in availing justice from the courts,” Dorbar Ki Khlieh Nongsynshar Ka Ri Hynniewtrep Chairman John F Kharshiing stated in a petition to the Council.
“The recent incidents at Mawdiangdiang and New Shillong Township areas have raised many questions on the authority, who in accordance to customary practices, should be allowed to register traditional land documents.
“The lack of synergy between the various authorities including lack of clarity in the process of registration is causing serious conflict at the ground for the poor people. They are unable to approach the courts due to their economic conditions. The time taken in the judicial system is also deterrence towards quick delivery of justice for the indigenous poor,” the petition said, adding, “Till date 80 per cent of the indigenous population registers their land documents only in the office of the Dorbar of the Syiem. Of late those who want to avail housing loans, and those who want to mortgage their properties are compelled to register at the Registrar DC’s office.”