AMOSWELL K. BANI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. P.N. Nongbri, learned counsel for the petitioners and Ms. N.G. Shylla, learned GA appearing for the respondents.

(2.) THIS writ petition is concerned with the creation of a new District, South West Khasi Hills District of the State of Meghalaya. This Court is very conscious with the limited jurisdiction of judicial review of policy decision of the Govt. This Court, by invoking writ jurisdiction, is not interfering with the policy decision of the Govt. for that a different policy would have been more logical and also it is fairly settled that the policy decision of the Govt. cannot be interfered only on the ground that suggestion or new policy put by the writ petitioners is better than the policy decision taken by the Govt. However, this Court is concerned only with the decision making process or policy making process.

(3.) MS . N.G. Shylla, learned GA appearing for the respondents contended that the inclusion of Warsanlyngdoh Area in South West Khasi Hills District is rationale and also for the benefits of the residents of the new District i.e. South West Khasi Hills District. This Court is not going to decide the merit and demerit of the policy decision of creating new District i.e. South West Khasi Hills District, but the Court is concerned only with the decision making process. Mr. P.N. Nongbri, learned counsel for the petitioners strenuously contended that the decision making process for the creation of new District i.e. South West Khasi Hills District is not transparent but discriminatory. In the case of the residents of Saw Symper Area, previously under the East Khasi Hills District, they were given an opportunity of public hearing as to the merit and demerit for inclusion of their area in the new District i.e. South West Khasi Hills District and such opportunity of public hearing was not available to the present writ petitioners, who are the residents of Warsanlyngdoh Area. It is fairly settled that the policy taking procedure should be transparent and fair. As provided to the residents of Saw Symper Area a public hearing, the petitioners should also be afforded public hearing as to the merit and demerit and grievances of the petitioners in inclusion of Warsanlyngdoh Area in South West Khasi Hills District. It is made clear that this Court is not making any comment regarding the merit and demerit of public policy of the Govt. of Meghalaya in creating the new District called South West Khasi Hills District.