SHILLONG: The High Court of Meghalaya has set aside a KHADC order declaring Dewsaw under Mawkynroh village in Nongspung, East Khasi Hills District as a separate village.
In the order issued on Feb 18, Justice SR Sen observed that the most important criteria for creation of a new village is that majority of the people of the village should come forward to create a separate village and that “the procedures will have to be followed to record the majority opinion without which the KHADC has no power to declare any village as a separate village or amalgamate two villages as per their whim and will”.
The petitioner, Nolandro Lyngdoh, Sordar Shnong of Mawkynroh Village under Nongspung Syiemship in East Khasi Hills, through his legal counsel, had stated that though some residents of Dewsaw have been wanting to see Dewsaw as a separate village, the then Syiem of Nongspung and the Dorbar in 2008 had rejected the proposal and the Executive Committee of the Khasi Autonomous District Council had upheld the Syiem’s verdict through a order dated January 20, 2010.
The matter again came up for consideration by the Executive Committee in 2012 when the present Acting Syiem of Nongspung wrote a letter to the KHADC in this regard, the petition stated.
However, the Deputy Secretary of the KHADC communicated to the Acting Syiem through a letter dated June 4, 2012 that the Executive Committee had rejected the proposal once again and had directed the Acting Syiem to find out whether Dewsaw should be formed as a separate village in consultation with the petitioner and the residents of the parent village and the locality.
Subsequently, the Acting Syiem contacted the petitioner and the Dorbar Shnong of Mawkynroh village deliberated on the issue and rejected the idea which was communicated to the Acting Syiem on June 25.
However, on Sept 5, the Acting Syiem suspended the petitioner from the post of Sordar of Mawkynroh village and appointed another person as Acting Sordar, forcing the petitioner to file an appeal before the EC on Sept 7 challenging his suspension.
Meanwhile, on Sept 20, the Mawkynroh Dorbar Shnong adopted a resolution rejecting the suspension of the petitioner and appointment of the Acting Sordar and also empowered the petitioner to remain as Sordar.
Following this, the KHADC EC quashed the suspension of the petitioner by its order dated Dec 19.
However, the same order of the District Council contained an observation to the effect that during the pendency of the petitioner’s appeal Dewsaw locality was formed as a separate village.
Being aggrieved, the petitioner filed the writ petition for appropriate declaration and for necessary directions to restraint the respondents from forming Dewsaw as a separate village without first ascertaining that the proposition enjoys the support of the majority of Mawkynroh villagers as required by law.
