DONDOR JANA Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) The grievance of the writ petitioners as projected in the instant writ petition is with the alleged forceful construction of a public footpath on the land of the petitioners, which they claim is without their consent. The further grievance of the writ petitioners is that due to their objections, they have been subjected to social boycott and further the District Council vide an order dtd. 25/1/2024, has decided to allow further expansion of the said Village footpath to a regular motorable road.

(2.) As the matter concerns public interest, peace and harmony in the Village, this Court had called for appearance of the parties to try to resolve the matter, but the same was not successful and the matter was then posted for admission hearing.

(3.) Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. R. Kharsyad, learned counsel for the respondents Nos. 1 and 2, when the matter has taken up today has fairly submitted that on thorough examination of the materials especially the impugned order, the same seems to be without any authority and without any jurisdiction, inasmuch as, the same has not been passed in accordance with Rule-31 of The Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which mandates that an order passed by an individual member of the Executive Committee on a matter pertaining to his subject, the same should be in furtherance to a discussion or authorization, which appears to be absent in the instant case.