Govt to offer additional space for Harijan Colony residents

Shillong, Sep 29: The state government will  invite the Harijan Panchayat Committee (HPC) for a discussion next week.

Deputy Chief Minister in-charge Urban Affairs Sniawbhalang Dhar told reporters on Friday that the government will be able to show them the formulae next week.

Dhar said the government is ready to listen to HPC’s request for additional space. This was after the HPC had agreed, in principle, to the blueprint prepared by the government but had made some suggestions for modification in certain areas.

“We will listen to their request if the request is genuine but if the request is not genuine then what to say. We will discuss and if there are some changes, you will know,” he said.

He hoped that the matter will be resolved within this year.

During the hearing on the matter on Friday, the High Court of Meghalaya observed that the  state government has agreed to increase the individual plot sizes as requested by the residents.

The bench comprising Chief Justice Sanjib Banerjee and Justice B Bhattacharjee expressed concern that despite affording the parties considerable time for a negotiated settlement, no settlement has been forthcoming.

The court said following the request by the relevant residents, the state has increased the extent of allocation and even the individual plot sizes.

According to the state government, there has been no response from the residents, who also claimed that the proposal on increasing allocation or the plot sizes has not been forwarded.

The court was informed that the residents had approached the Centre and it is apparently looking into the request sympathetically.

While stating that the legal issue is rather simple, the court said the state purported to issue a notice to constitute a committee for the purpose of ascertaining whether the residents  duly occupied the land that was in their possession. It was such action of the State which was called into question by the residents by instituting proceedings under Article 226 of the Constitution.

The writ petition was disposed of upon the writ court perceiving that there were disputed questions of facts which could not be conveniently addressed in summary proceedings.

The writ court left the parties free to pursue their remedies before any appropriate civil forum. However, there was a twist in the order on February 15, 2019.

Paragraph 7 of the relevant order, which is the portion by which the State is aggrieved and in appeal, provides: “Therefore, I direct 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 residents have preferred an appeal from the same order. It does not appear that the residents can be regarded as persons aggrieved for the appeal to be maintainable since no prejudice has been occasioned to the residents by the order impugned and the writ court merely exercised a discretion available to it to not enter into disputed questions of fact since petitions under Article 226 of the Constitution are dealt with summarily and without recording evidence,” the court said.

“However, the residents maintain that it would be evident from government records that the primary assertion of the State that the residents appeared to be encroachers is fallacious and, to such extent,
they suggest that the writ petition should have been entertained and adjudicated on merits,” the court said.

The court said the matter will appear again on October 3, since it has been lingering for a considerable period of time and a further adjournment is sought on behalf of the residents, for the appeals to be finally heard out.