SHILLONG, Dec 15: The writ petition challenging the partial Meghalaya-Assam border deal and the exchange or transfer of areas between the two states will now be placed before a division bench of the High Court of Meghalaya.
Hearing the appeal, the court said the matter is of some importance and even if the immediate challenge to the very limited interim order passed by the single bench may not be worthy of consideration, the other request made by the state can be acceded to.
The matter pertains to the March 29 memorandum of understanding (MoU) between the Meghalaya and Assam governments and the exchange or transfer of areas between the two states.
The deal pertains to six of the 12 disputed sectors on the interstate border.
The court pointed out that there is no impediment to the two states negotiating and arriving at a settlement in respect of the other areas as the MoU pertaining to the resolved sectors is the subject matter of the petition.
The state government said the petition should not have been entertained in view of the very limited scope for judicial review in the matter. Through the Advocate-General, it said the matter should directly be taken up by a division bench of the high court as it is “of some importance”.
The court said that in view of the request, the writ petition may be placed before the division bench of Chief Justice Sanjib Banerjee and Justice HS Thangkhiew for taking up a week after the court reopens.
The court also said affidavits-in-opposition to the writ petition should be filed by the reopening date and affidavits-in-reply, if any, by February 5, 2023.
The writ petition will appear before the division bench on February 6, 2023.
