ELWIN RYMBAI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioners have filed the present petition under Rule 1-B of the Rules of Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and Section-24 read with Section-151 of the Civil Procedure Code for transfer of Title Suit No. 8/2015 and Misc. Case No. 9/2015 pending in the Court of Smti D.V. Lyngdoh, Assistant to Deputy Commissioner, Khliehriat, East Jaintia Hills District.

(2.) The brief facts of the case as set out in the petition are that the properties of Elaka Lakadong within East Jaintia Hills District, Meghalaya is under the administrative control and jurisdiction of the petitioner. The petitioner is the owner in peaceful possession since time immemorial of large tract of forest land which is managed, looked after and controlled by the Dorbar Elaka Lakadong and portion of the land is used by the villagers for various purposes such as collection of dead trees for firewood, log for construction of houses, shed and also for cultivation, vegetation and plantation by the residents of the area.

(3.) In the year 2014, Dorbar Elaka Lakadong moved an application before the Chief Forest Officer for registration of a forest reserved known as "Khloo Bam Dolloi" under the provision of United Khasi-Jaintia Hills Autonomous District (Management and Control of Forest) Act, 1958 and United Khasi-Jaintia Hills Autonomous District (Management and Control of Forest) Act, 1960. The Chief Forest Officer with due approval of the Chief Executive Member in-charge of Forest issued a certificate of registration in respect of the Reserve Forest known as "Khloo Bam Dolloi" vide notification dated 10.02.2009 along with a map in favour of the petitioner.