SHILLONG: Social Organisations of Meghalaya against Land Alienation (SOMALA) has said that the Government is not the competent authority to sanction any transfer of land.
The SOMALA response came in relation to the stand of Chief Minister Mukul Sangma that the land to Star Cement was legally transferred under section 3 (1) of the Meghalaya Transfer of Land Regulation Act 171 and that there was no undue favour to the company.
Section 3(1) says that with the approval of competent authority (Government) land can be transferred to a non tribal. However, SOMALA in a statement issued on Thursday said that “the proviso to section 3(1) provides by way of the notification No. RDS11/76/187 dated 7.6.78 to do away with the power of the competent authority to sanction any transfer of land under section 3(1) of the Act.
“The Government is therefore not the competent authority under the above proviso and the transfer of land as approved by the Government stands illegal,” SOMALA said.
It also pointed out that the registration of the transaction by the sub-registrar of East Jaintia Hills, which is illegal, violates section 9 of the Meghalaya Transfer of Land Registration Act 171.
The organization criticized the state government for not paying due attention to the proper implementation of the provision of the Meghalaya Transfer of Land Regulation Act, 1971 which has resulted in large scale transfer of land.
SOMALA has questioned the government on whether it will be careful enough to preserve the tribal land as the Act of 1971 has been misused.
SOMALA said that section 4 (1)e and 4 (1)f of the Act does not cover the land transaction of Star Cement and state forest department for compensatory afforestation as the transaction is neither educational nor industrial.