SHILLONG, Oct 31: A legal expert has said the Meghalaya government did not violate any court order in taking possession of the Harijan Colony land.
The Shillong Times had sought the opinion of senior advocate, VGK Kynta on the government’s move despite the High Court of Meghalaya prescribing status quo on issues pertaining to the colony at the heart of controversy since May 2018.
“I think it is perfectly alright for the owner of the land to lease out to the government. There is no question of violation by the parties so far as the execution of the tripartite agreement is concerned,” he said.
The state government (first party), the Syiem of Hima Mylliem (second party) and Shillong Municipal Board (third party) had executed the tripartite lease deed for handing over the land to the first party on March 31.
The land where Harijan Colony or Iew Mawlong stands measures 12,444.13 square metres.
Kynta said the owner of a piece of land can do whatever he thinks best even if it is occupied by tenants or settlers.
“Occupiers may have possessions but that does not necessarily mean they have the title to the land,” he said.
Kynta said if at all the government wants to own and hold absolute title to Iew Mawlong, it could possibly acquire the said land under the new land acquisition Act for a public purpose and thereafter rehabilitate the occupiers.
Stating that the occupiers do not possess heritable or transferrable rights, he said: “The issue of eviction and relocation is sub-judice before the court, especially when a status quo order is in place.”
Ownership and possession are two sides of a coin and the government may have possession but not title to the land, he added.
Kynta said settlers refusing to vacate may have to be evicted in accordance with the law in the event the land is not acquired or if it is required to widen the road or to create parking space or for any other public purpose.
