YMCA, SAAIC land dispute: HC dismisses contempt case

SHILLONG: Following the recent reports about the alleged contempt of the order of Supreme Court of India after the demolition of the boundary wall of Shri. Aurobindo Institute of Indian Culture (SAIIC) at Bivar Road Shillong by the Young Men Christian Association (YMCA), the Association has clarified that the erection of a gate at the entrance to the plot from the main Bivar Road which had been opened earlier by breaking a part of the wall on the land of the YMCA does not amount to violation of court order or contempt.
In a statement issued here on Sunday, YMCA said that its action was legal.
According to the Association, SAIIC had filed a writ petition in 1998 in the High Court challenging the allotment by the State Government in 1976 of a plot of land at Bivar Road, Shillong, to YMCA which was finally decided by the order of Division Bench on October 21 2013.
As per the order, the “State Government may consider renewal of the lease only in respect of area of plot No.5 and 5A in favour of the writ petitioner as committed by it vide it letter dated 02.10.1976.
The writ petition is dismissed for rest of the reliefs. Possession of YMCA and YWCA shall not be disturbed in respect of area allotted to them”.
However, consequently on 30.10.2013, YMCA decided to make an opening on the wall of its plot for erecting a gate, but SAIIC filed a petition in the High Court seeking time to approach the Supreme Court against the High Court judgement and it was allowed.
The SAIIC also filed a petition in the High Court alleging contempt of Court by the General Secretary of the YMCA.
Subsequently, after SAIIC filed the Special Leave to appeal in Supreme Court, and in view of the pendency of the proceedings, YMCA desisted from erecting the gate.
Nevertheless, in an order on March 25, 2015 the Supreme Court  said that “taking into account the case pleaded by the petitioner in the Special Leave Petition and the stand of the State of  Meghalaya as evident from photographs 4,5,6 and 7 of the Government order dated 20.07.1998, we are of the view that this Special Leave petition ought to be closed by declaring the petitioner to be entitled to a total of 3.348 acres of land covered by plot No. 5 and Site No. 5A as referred to in the aforesaid  Government order dated 20.07.1998”.
According to the order, as a dispute/apprehension has been raised by the petitioner, the Supreme Court has directed Meghalaya government to measure and demarcate the area to which the petitioner admittedly is entitled.
Later, the revenue officials carried out the demarcation of the land of SAIIC and marked its boundaries which was noted by the Deputy Commissioner in his order dated 20.05.2015 for sending the report to the Government counsel in the Supreme Court.
“After such demarcation, it became clear that the land allotted to YMCA was quite away from the land of the SAIIC though adjacent thereto”, YMCA said.
Finally, the High Court of Meghalaya also decided the contempt case by stating that when the petitioner’s entitlement has been finally pronounced by the Apex Court and demarcation has been carried out at the site where the land allotted to YMCA stood distinguished from the land of the petitioner, “this Court is clearly of the view that no further proceedings are requisite in this contempt petition”.