SHILLONG: The Megha-laya Apartment Ownership Bill, 2016 was passed in the Assembly on Monday even as an amendment was moved by Opposition leader Donkupar Roy.
After Urban Affairs Minister Ampareen Lyngdoh moved the Bill for consideration, the Leader of Opposition moved an amendment on paragraph 33 of the Bill which states that “no civil court shall have any jurisdiction to entertain or decide any question relating to matters arising under the Act or the rules made there under”.
It also states that “every order passed by the competent authority subject to appeal or revision, every order passed by the appellate authority subject to revision and every order passed by the State Government in revision, shall be final and shall not be questioned in any court of law”.
Moving the amendment, Roy asserted that the Bill should go to the select committee even as he added that inclusion of such a bar on jurisdiction was highly unconstitutional.
“Instead of waiting for the Court to step in, why don’t we delete the paragraph and keep it open for any grievances,” he said.
Nongrem MLA Ardent Basaiawmoit (UDP) echoed similar views and asked the Bill to be referred to the select committee. Later, the Urban Affairs minister said that similar clauses are available in most of the Acts even as she added that similar reference is found in some of the acts passed in Punjab.
“This reference will not bar anyone from moving to the higher courts for grievances,” she said.
Chief Minister Mukul Sangma also intervened and added that the reference in the Bill does not include High Court and Supreme Court and people can approach the higher courts.
He also said that the reference in the Bill is meant to discourage too many litigations questioning every decision.
