Shillong, Nov 17: The Meghalaya High Court has directed the state government to take a fresh decision on matter related to retaining of 18 villages under Warsanlyngdoh area in South West Khasi Hills District.
In its order issued here on Friday while disposing of a writ petition filed by the headman of Nongummer village, Amoswell K.Bani, the division bench headed by chief justice Dinesh Maheshwari said, “If any representation is made by the petitioner or by any person/s for reconsideration of the order dated 7.10.2015 with all relevant facts and grounds, the government in its home (police) department shall take a decision afresh in the matter in accordance with the law, which may include reconvening of public hearing.”
The bench also asked the government to invite such representation/s by a specific advertisement in that regard within two weeks from today (November 17) while fixing a final date for receiving the representation.
“After receiving the representation/s, the government shall take appropriate decision in the matter within four weeks, and shall thereafter, proceed in accordance with law,” it stated in the order.
In his petition, Amoswell has questioned the order dated 07.10.2015 as issued by the Government of Meghalaya through its Home (Police) Department by retaining 18 villages under Warsanlyngdoh area in new district of South West Khasi Hills District, as notified on 02.08.2012.
The court also pointed out that it is noticed that about 28 persons including Headmen/Lyngdohs/Elders of different villages in the area in question earlier approached this Court in the said writ petition [WP (C) No.331 of 2015] but the present petition has been filed by only one headman, and it is difficult to say as to what is the stand of concerned Headmen/Lyngdoh/Elders of the other villages.
“Be that as it may, when we find that the decision as taken by the Government does not stand perfectly in accord with the views expressed by the people in the public hearing, it appears just and proper that the Government may revisit its decision, if appropriate representation is made in that regard,” it added.
It appears that the public hearing so directed did take place on 15.01.2015 and as per the material placed on record, about a thousand people attended such hearing and a vast majority raised their hands and voices in favour of transferring Warsanlyngdoh from South West Khasi Hills District to West Khasi Hills District.
“However, it appears that the Government of Meghalaya took note of other factors including those of administrative convenience and in the so-called “balance”, considered it appropriate to include the villages of the aforesaid area within South West Khasi Hills District,” the court said adding “It is sought to be contended that such a decision stand rather at contradiction with the will of the people, as expressed during the public hearing.”
