The Supreme Court lifted the stay imposed by the Meghalaya High Court on a memorandum of understanding (MoU) drawn between Assam and Meghalaya in terms of demarcation of physical land boundaries between the two States.
Today, a bench of Chief Justice of India (CJI) DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala issued notice to the respondents in the appeal filed Meghalaya and listed the case for further hearing after two weeks.
The Court ordered that prima facie, the single-judge has not given any reason for the interim order.
It further said that it is still to be found out whether the MoUs will require parliamentary approval but the interim order staying the MoU was not warranted. and so the interim order of the single-judge is hereby stayed.
In March 2022, the state governments had signed the MoU for resolving their border dispute in six areas.
The resolution process had begun in July 2021 and the agreement saw both States concede land in the areas of conflict.
The Meghalaya High Court had, in December, stayed the physical demarcation and erection of posts pursuant to the land-boundary agreement.
The petitioners in the case before the High Court said that concession of territory by Meghalaya, which involved a lot of tribal land and villages, was done without consulting the constitutionally-constituted autonomous bodies.
It was argued that it was a violation of the fundamental rights of the petitioner and tribal people.
It was as also said that under the sixth schedule of the Constitution that spells out the role of autonomous councils in the northeast.
As per the MoU it was prayed that the States should be directed to follow the sixth schedule in letter and spirit before any such exchange of land planned in future.
The counsel for petitioner before the High Court said that in the event demarcations are effected physically, with boundary marks being placed on the ground pursuant to the MoU, the petition would be rendered infructuous and those affected left remediless.
The State counsel argued that no interim orders were called as the locus of the petitioner has not been established and no ‘irreparable loss’ would ensue if the agreement is taken ahead.
A single-judge of the High Court after hearing the parties had stayed the MoU prompting Meghalaya government to move the top court, which a division bench refused to interfere with.
The appeal filed by Meghalaya was taken on board by the Supreme Court today after a mentioning was made by Solicitor General (SG) Tushar Mehta seeking urgent listing of the matter.
CJI Chandrachud said, “What? The High Court stayed an MoU? Please call the files we will take it up after mentioning.” The hearing began at 2 pm today, where the SG submitted that when Meghalaya was carved out of Assam, some boundary issues had to be decided politically.
The counsel said that like claim for Tarabari area will be with Meghalaya and some other area will continue to be with Assam.
It added that boundaries are just recognised, which were not recognised till date. Boundaries are not changed but only demarcated. These villages were not receiving development benefits as they belong to neither Assam or Meghalaya.
The bench after hearing the parties proceeded to stay the High Court order.
The matter will be heard again after two weeks.