Shillong, Aug 17: The Meghalaya High Court has directed that the letter issued by the Jaiñtia Hills Autonomous District Council (JHADC) on April 12 for engaging an agent to identify and detect illegal trading by non-tribal should not be disturbed till objections are filed within three weeks.

In its order issued here on Friday, the Court said, “…till objections are filed and considered, the engagement of the petitioner as an agent by the Jaiñtia Hills Autonomous District Council, Jowai vide letter dated 12.04.2018 shall not be disturbed in respect of the place at Mookyndur, subject to the condition that the petitioner will adhere to all conditions as contained therein.”

The petition was filed by one Eddystone Shylla after the check point operated by him at Mookyndur has been closed down based on two orders issued on August 7 and 10, on the ground that the JHADC (Trading by non-tribal) Regulation 2011 nowhere empowered the Council to allow the Agent/Lessee to set up a check point in the National Highway, State Highways or State Internal Roads.

The JHADC executive committee in its letter April 12 had engaged Shylla as an Agent/Lessee and authorised him to identify and detect illegal trading by the non-tribal commercial vehicles conducting business/trading illegally without valid trading license within the jurisdiction of the Council subject to various conditions.

Condition No. 2 reads as under: “That check point/station cum office may be set up at three locations, namely, Mookyndur, Rtacherra – Umkiang and Amlarem – Dawki Road at your own cost provided that such checking shall not hamper the smooth flow of traffic.”

In pursuance of the said communication, an agreement had been executed whereof, it is stated that the petitioner has already deposited Rs 16 lakh which is half of the total amount payable to the respondents.

During the hearing, the counsel for the petitioner submits that similar issue cropped up for consideration in WP(C) No. 113 of 2016 in the case of Maiantis Mawlot v. Khasi Hills Autonomous District Council and others which stand decided on 27.09.2016 wherein, it has been held that the council has power to make regulations for control of trading by the non-tribal within its jurisdiction as per paragraph 10 of the Sixth Schedule to the Constitution, the power to appoint an officer, staff and/or agent to achieve the objects of regulations is inherent therein.

Based on this, counsel for the petitioner submit that since the petitioner has invested huge amount, therefore, shall be permitted to work in the capacity of an agent as having been appointed also for the place Mookyndur.

Meanwhile, the court has observed that prima facie the submissions, as made by the counsel for the petitioner on the strength of the material placed on record, have substance.

It has also ordered that the two letters dated 07.08.2018 and 10.08.2018 shall remain in abeyance so as to enable the petitioner to work as an agent effectively, any impediment created in pursuance to the said letters shall be removed.

The court has also granted three weeks time to the respondents for filing objections.