Shillong, July 16: The Supreme Court (SC) of India has issued notice to the Assam State Transport Corporation (ASTC) for alleged illegal encroachment of the land of one Newyearly Thangkhiew, a resident of Umling Community & Development Block, Ri Bhoi district.
Thangkhiew, the petitioner, said ASTC has illegally encroached into Meghalaya territory and started constructing a depot in the plot which was owned and possessed by her.
She argued that this is a tribal land governed by the Sixth Schedule of the Indian Constitution. If the petitioner’s land is allowed to be encroached and retained by State of Assam, the same will result in conversion of tribal land to non-tribal land. The Assam State Transport Corporation has started construction of a building on 30,000 sq. feet. of petitioner’s land since 2020.
The Supreme Court’s direction comes on the petition seeking resolution of the border dispute between Meghalaya and Assam, which has resulted in alleged illegal encroachment on the land of Newyearly Thangkhiew, a resident and owner of land in Them Marwet, Umling Community & Development Block (village code no. 277460 at serial number 212 of the list of villages of Ri Bhoi District, Meghalaya), Khanapara, Raid Marwet, Mylliem Syiemship, Ri Bhoi District, Meghalaya.
The matter titled Ms. Newyearly Thangkhiew vs. Union of India & Ors was registered as WP(C) 672/2021, and was listed on 16.7.2021 before a bench of Justice Justice Nazeer and Justice Murari. After hearing the counsel Pragyan Pradip Sharma along with Junior Luwang and Gurnoor Kaur, the Supreme Court deemed it appropriate to issue notice in the said matter.
The said Petition argued by Pragyan Pradip Sharma, raises important questions of law relating to border issues between Assam and Meghalaya and as also issues pertaining to the 6th Schedule of the Constitution of India.
The Petitioner filed the said Petitioner under Article 32 of the Indian Constitution as the ongoing border disputes between State of Assam and State of Meghalaya (for almost five decades) and the said issues have posed a direct threat to the Petitioner and her family’s livelihood.
The instant petition also raised issues of public importance about the livelihood of people affected by inter-state boundary issues. There are about 100 families placed on the Meghalaya side of the Border alone, affected by the present Assam-Meghalaya border issues.
