Shillong, May 13: With the proceeding of the State Government to relocation of the 342 families residing in the Harijan colony at Them Ïewmawlong, Senior advocate of the High Court of Meghalaya, VGK Kynta has slammed the Harijan Panchayat Committee (HPC) and termed their demands as ‘far-fetch’ and ‘exorbitant’.
The HPC has demanded 10 acres of land within the European ward besides bearing the cost of construction of houses for the 342 families, with each house measuring 200 square metre, and monetary compensation in-exchange for their land at Them Ïew Mawlong.
“I do sympathize with the Harijan people, they came from a very difficult background… we have used their services from time immemorial… perhaps the State should provide some incentive or amenities to the rightful person but not to the illegal settlers,” expressed Kynta in an exclusive interview with Hub News.
“……but as far as their demand is concerned, it is not a right from the HPC part to make such an exorbitant demand…. their demands are overboard,” added the Senior Advocate.
Adv Kynta said there is no harm in making demands, the HPC leaders are in a right frame of mind to make demands, since the Harijans go by the “possession is nine points of the law” – one who has physical control or possession over the property is clearly at an advantage or is in a better possession than a person who has no possession over the property.
He further stated that the HPC currently have an upper hand in the case, therefore they are rightly demanding for their proper rehabilitation. However, their right for proper relocation only stands valid for the employees of the various government departments. As for the illegal settlers, they have to be evicted by due course of law, stressed the senior Advocate.
“The matter can be resolved if the government or the Syiem of Mylliem file a Civil Suit and get the eviction accordance with law,” he suggested.
“The best possible option is to file a Civil Suit for the eviction of these people (illegal settlers) from those areas. If any agreement made or there is any transfer of land, once a Civil Suit is filed, all the agreements should be declared to be ‘void ab initio’,” explained the senior Advocate.
“…be that as it may, the government or anybody should adopt is that they should go by the direction of the Single Judge of the Meghalaya High Court order dated 15 February 2019 in W.P.C 218 of 2018, fight for civil suit not for title as the title is already with the Syiem of Mylliem or maybe with the government…they should file a suit for eviction because they (harijans) are not the owner so the suit for eviction will be the right process,” he added.
He also stated that the Government want to do many things for the good of the people, but he feels that the government is ‘ill-advised’ and ‘directionless’. “If you don’t have the right people at the right place, then it is difficult,” he remarked.
The Senior Advocate further opined that the road which passes through the Harijan Colony (Syndicate Bus Stand to Bimola) should be opened for public for their right of passage. He also urged the NGOs and the fellow citizens to restrain from any law and order situation.
