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Legal Review by
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Updated by
Published on
September 14, 2016
May 17, 2022
Edited on
September 14, 2016
The Meghalaya government claims that about 1,750 acres of tribal land in Elaka Saitsohpen Sirdarship, which falls under the jurisdiction of the Khasi Hills Autonomous District Council (KHADC), is government land. The KHADC, which has jurisdiction over multiple Sirdarships, does not own the land but demands that the government recognise that the land belongs to it. Elaka Saitsohpen was created by the British colonial rulers in the Khasi and Jaintia Hills and this formed the seat of British governance, previously known as Cherrapunjee. By virtue of Section 7 of the Indian Independence Act, 1947, the Elaka became independent on the passing of the said Act. The Meghalaya government wants to acquire the land for different projects, but the people living on the land say it belongs to them and are not ready to give it away. Their rights under the Forest Rights Act, 2006, have also not been settled. On July 8, 2016, the Syiem of Saitsohpen asked the government to withdraw orders and notifications stating that the erstwhile British territories are government land. This is because the government cannot claim rights over any land that falls under the Sixth Schedule of the Constitution, except for cantonment and European and municipal wards, as stated in Para 20 of the same Schedule. The state, however, argues that the land belongs to the government since it was part of the British territory before the country gained independence. Earlier, in March 2014, the new Executive Committee of the KHADC decided to nullify all land acquisitions within its jurisdiction that were carried out without any clearance from the Council. Chief Executive Member Ardent Miller Basaiawmoit [stated](http://Chief Executive Member Ardent Miller Basaiawmoit) that the residents were completely unaware about the land acquisition and are now struggling to make do with the 332 acres of land left after the acquisition of 1,312 acres. He also claimed that 900 acres of the acquired land was designated for the construction of a National Institute of Technology without informing the KHADC. In early 2017, the KHADC and Elaka Saitsohpen filed a petition against the state government claiming jurisdiction over the land. In September 2017, the high court disposed of the petition, suggesting the parties to approach an appropriate court, but stated that no one should be dispossessed without due process of law. In May 2018, the KHADC decided to file an appeal before the high court against the state government for its failure to respect the court order. Laitumkhrah Meghalaya District Council Member Antonio N. War, supporting the KHADC, stated, "I am afraid that many of the villagers who own agricultural land would be displaced if the government is allowed to acquire land in these two areas. Punishing our own people in the name of development is unjustified.
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Rural
Both
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Constitutional Law, Land Acquisition Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-implementation/violation of FRA
Violation of free prior informed consent
Non-implementation/violation of LARR Act
Controversial land acquisition by the government
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Meghalaya
Case Number
WP(C) No. 353 of 2016
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Advocacy (for inclusion in courts)
Government Departments Involved in the Conflict:
General Administration Deprtment, Khasi Hills Autonomous District Council
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Sirdars of Saitsohpen, Darbar of Saitsohpen
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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