The high court on December 8 last on a petition by four citizens of Meghalaya had passed an order staying “physical demarcation or erection of boundary posts on the ground, pursuant to the MoU dated 29.03.2022,” till the next date of hearing on February 6.
The apex court bench of Chief Justice DY Chandrachud and Justice PS Narasimha and JB Pardiwala on the appeal by Meghalaya government against the high court’s stay said in its order, “Prima facie, the single judge has not furnished any reason for the interim order, and whether the MoUs will require parliamentary approval is a distinct issue. But the interim order staying the MoU was not warranted. Thus, the interim order of the single judge is hereby stayed.”
The supreme court listed the case for further hearing after two weeks.
Meghalaya High Court had directed the operation of March 29 Memorandum of Understanding (MoU) between Meghalaya and Assam.
The court has directed that till February 6 there will be no physical demarcation or erection of boundary posts.
The MoU was signed in presence of Union Home Minister Amit Shah by Meghalaya Chief Minister Conrad K Sangma and his Assam counterpart Himanta Biswa Sarma on March 29 “resolving” the six of the 12 disputed areas along the two states in the first phase.
Union Home minister Amit Shah had said that Assam and Meghalaya has inked an agreement to resolve dispute in six places and these places roughly account 70 percent of border dispute between the two states and the remaining area of dispute at six places will be resolved soon.
Four traditional heads of the Khasi Syiemship and Sirdarship in Meghalaya have filed a writ petition in the Meghalaya High Court seeking a stay of the operation of the MoU signed by the two states.
Justice H. S. Thangkhiew ordered that during the intervening period, no physical demarcation or erection of boundary posts on the ground, pursuant to the MoU dated March 29, 2022, shall be carried out, till the next date.
There are 36 disputed villages in the six disputed areas — Tarabari, Hahim, Pilangkata, Khanapara, Ratacheera and Gijang — covering 36.79 square kilometres.
Of the 36.79 sq km of disputed area taken up for settlement in the first phase, Assam would get full control of 18.46 sq km and Meghalaya of 18.33 sq km.
Following firing by the Assam Police on November 22 that left five civilians of Meghalaya and an Assam forest guard dead in West Jaintia Hills district, talks on border dispute have suffered a setback.
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