M.M. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners have stated that they are the Nokmas of 11(eleven) different Akhinglands all situated in the South Garo Hills District of Meghalaya. Due to various difficulties, the petitioners have jointly nominated Shri Santosh R. Marak as their duly appointed Attorney to file this writ petition and to appear on their behalf before this Court.

(2.) Heard Mr. S.P. Mahanta, learned Sr. counsel along with Mr. M. Lyngdoh, learned counsel for the petitioners who have submitted that the Government has enacted the 'Garo Hills District (Awil fees) Act, 1960' to provide for levy of certain fees, including royalty on forest produce extracted from the Akhingland. Forest produce according to the petitioners also includes coal, which fact was clarified by the Chief Forest Officer, Garo Hills Autonomous District Council, Tura on 2/8/2013 in reply to an RTI query made by the Attorney of the petitioners herein (Annexure-2 of the writ petition).

(3.) It is also submitted that as per the provision of the said Garo Hills District (Awil) Fees Act, Sec. 5(a) entitles the Nokma/petitioners to get 25 % of the total Awil fees collected by the Garo Hills Autonomous District Council (GHADC). This situation was prevalent till the year 1995, as the petitioners were receiving 12.5% that is, half of 25 % of the Awil fees from the GHADC in cash as part of their share.