SHILLONG: There are several loopholes in the eviction drive carried out by KHADC on July 25, according to legal experts.
The KHADC had neither sought any assistance from the district magistrate nor from the police which resulted in the situation aggravating. Moreover, the local Lumdienjri police station has also not been informed prior to carrying out the eviction drive.
Though it was an eviction drive of hawkers, the enforcement staff of KHADC had tried to forcefully down the shutter of the shop of Deoris Marbaniang though she had obtained the order of the High Court to open the shop, stated the counsel for Marbaniang on Monday.
The counsel for Marbaning also wanted to know whether any seizure list of the goods was prepared by those who carried out eviction as per the section 7A and 7B of the United Khasi-Jaintia Hills District ( Trading by Non-Tribals) Regulation 1954.
As per 7 (B), “the commodity or commodities including the tool or equipments seized under the provisions of the Regulation shall be kept under proper custody of either the trader concerned himself subject to production before the authorities concerned at any time so required or under the custody of the officer causing the seizure provided that there shall be made out a list of all the seized commodities or materials”.
The counsel also alleged that though Deoris Marbaniang’s son Kimfa Marbaniang filed an FIR on the act of KHADC enforcement staff, the police department is yet to be act on it.
Kimfa Marbaniang had lodged a complaint at Shillong Sadar police station on July 25 that the enforcement Inspector of KHADC along with his staff entered GS Road, Iewduh, Shillong and tried to forcibly shut down the shops of his building in-spite of being aware of the judgment and order dated July 10, 2014 passed by the High Court of Meghalaya in WP No. 211/2014 in his favour which directed the Licencing Officer to open the sealed shops.
Kimfa had also alleged that the KHADC enforcement staff assaulted his manager and staff and also threatened them with dire consequences.
Meanwhile, Deoris Marbaniang in a statement issued here has clarified that in pursuant of the High Court order dated 10.7.2014 which was in her favour “the District Council was to open nine numbers of shops within two weeks after the necessary formalities under law and any non- tribal who applies for a trading license was to be considered by KHADC within one month”.
She also said that the KHADC had opened the shops on July 15, but wondered as to why the enforcement officer of KHADC along with the staff in the name of evicting hawkers should storm into her shopping complex and start pulling down the shutters and vandalize goods lying in the shop.
She pointed out such eviction drive is usually carried out by the Shillong Municipal Authority in the presence of senior district administration officials and police.