By Our Reporter
SHILLONG, March 10: The Shillong Club has raised an alarm over alleged fresh attempts to fence and construct structures on a portion of land it claims to hold under a perpetual lease, seeking immediate intervention from the authorities to prevent what it termed as encroachment.
In a statement issued on Tuesday, the Club alleged that individuals claiming to represent the Thangkhiew Clan Laikpoh have been attempting to fence and occupy the disputed land located between Merin Restaurant and the Shillong Golf Course.
According to the Club, the land forms part of a 10.19-acre property held under a perpetual lease agreement executed in 1923. It also noted that the validity of the lease and the Club’s possession of the land for over a century have already been upheld by the Meghalaya High Court.
The land, however, is presently the subject of a civil dispute pending before a competent court. In connection with the case, the court issued a status quo order directing all parties to maintain the existing condition of the land and refrain from altering possession or undertaking any construction, fencing, or activity that may change the nature of the property.
Despite the subsisting court order and the issuance of contempt notices, the Club claimed that certain individuals have continued erecting wooden posts and barbed-wire fencing on portions of the disputed land.
Terming the move unlawful, the Club said the activities are being carried out without any legal authority and in violation of the court’s directive. It further added that the continued fencing and construction of RCC structures appear to be attempts to establish physical control over the land while the matter remains sub judice.
Such actions, the Club mentioned, undermine the authority of the judicial process and raise serious concerns about respect for the rule of law.
The Club has approached the police authorities seeking immediate intervention to stop the ongoing activities and ensure strict compliance with the court’s status quo order.
The matter is currently being heard in the court of the Assistant to Deputy Commissioner (Judicial)/Judicial Magistrate First Class of East Khasi Hills District, presided over by KE Rymbai.
In its order dated February 26, the court observed that the petitioner has been in continuous use and possession of the property for more than 100 years. While declining to grant an interim injunction at this stage, the court directed all parties to maintain the status quo and refrain from selling, transferring, damaging, or altering the nature of the property until further hearing.
The court has also issued a notice to the opposite parties asking them to show cause why a temporary injunction should not be granted in favour of the petitioner. The next hearing in the matter is scheduled for March 12.
The Shillong Club maintained that it remains committed to resolving the dispute strictly through due process of law, pointing out that attempts to take possession of the land through unilateral actions while the case is pending are unacceptable and may lead to unnecessary tension.
The Club expressed hope that the authorities would take prompt steps to ensure compliance with the court’s directive and uphold the sanctity of the judicial process.
