HC stays Meghalaya and Assam MoU on resolving boundary dispute in phases

The Meghalaya High Court has stayed the operation of a Memorandum of Understanding (MoU) between Meghalaya and Assam which seeks to resolve a boundary dispute between both states in phases.

There will be no physical demarcation or erection of boundary posts till February 6, the court directed on Thursday.

The MoU was signed by Meghalaya chief minister Conrad K Sangma and his Assam counterpart Himanta Biswa Sarma on March 29 in the presence of Union Home Minister Amit Shah, for "resolving" six of the 12 disputed areas along the border in the first phase.


Shah had said that these places roughly account for 70% of the border dispute between the two states and that the remaining areas of dispute at six places would be resolved soon.

Four traditional heads of the Khasi Syiemship and Sirdarship in Meghalaya had filed a writ petition in the Meghalaya High Court seeking a stay on the MoU.

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 shall be carried out, till the next date.

The petitioners in their submission said: "The impugned MoU was signed without consulting or taking the consent of or involving the constitutionally recognized native Chiefs and their Durbars such as the Petitioner Syiems and Sirdar, etc. under the Sixth Schedule of the Constitution and also the Khasi Hills Autonomous District Council."

They claimed that the MoU violated the provisions of the Sixth Schedule as the legislative and executive powers bestowed upon the autonomous district council over subjects like water, soil, land, local customs and culture.

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 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.