By Our Reporter
SHILLONG: The High Court of Meghalaya has entrusted the Civil Court to solve the dispute over Harijan Colony.
During the hearing of the pending case on Friday, Justice SR Sen said the Civil Court would be the right forum since the matter is civil in nature.
“After hearing the submission advanced by the learned counsels for the parties, I find that this Court is unable to decide the matter in its finality and I am of the view that the matter is purely civil in nature, so it needs to be addressed by the Civil Court after taking appropriate evidence on record and giving fair and equal opportunity to both the parties to be heard”, the court said.
According to the court, it is a settled principle of law that nobody can be removed or evicted without due process of law “even if he is illegally settled or legally settled”.
The court also directed the government and all the other agencies not to disturb the petitioners in any manner and “if at all they want to evict or remove them, they are to approach the Civil Court and the Civil Court will pass a proper judgment after giving equal opportunity to both the parties and decide the title in accordance with law”.
The court disposed of the petition giving liberty for the petitioners to approach the High Court, if necessary in future.
“District administration is directed to arrange security to the petitioners and to maintain law and order”, the order said.
Earlier, during the hearing, the counsel for the petitioners N. Benipal submitted that the petitioners have been residing in that area for centuries back and the land has been allotted to them by the Syiem of Mylliem, so the government cannot just evict them forcefully without any rhyme or reason. He also submitted that thereafter the petitioners’ association had moved 218 applications for issuance of patta in 2006 and requisite fees were also submitted, but till date no patta was issued, except for the Gurudwara and the school.
Advocate General Amit Kumar submitted that a High Level Committee was constituted to advise the government as to how and in what manner the dispute can be settled as there was law and order problem created by some NGOs.
On the other hand, the senior counsel for Syiem of Mylliem KS Kynjing submitted that no patta was issued to the individual member of the petitioners’ association or committee till date.