LAWS(MEGH)-2016-5-9

DORBAR SHNONG Vs. JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

Decided On May 03, 2016
Dorbar Shnong Appellant
V/S
Jaintia Hills Autonomous District Council And Others Respondents

JUDGEMENT

(1.) These appeals arising out of the orders dated 27.01.2012 as passed in WP(C) No.8 (SH) of 2010, by the learned Single Judge of the Shillong Bench of the then jurisdictional Court i.e. Gauhati High Court, order dated 29.10.2014 as passed in WP(C)No.83 of 2013 and order dated 04.12.2014 as passed in WP(C)No.84 of 2013 by a learned Single Judge of this Court , a Deed of Settlement between the disputants, essentially led by the Dorbar Shnong Samasi on one hand and Dorbar Shnong Mynthning on the other has been filed before the Court; and it is submitted that the parties to the litigation having ultimately reached to an understanding and having executed the Deed of Settlement on 08.02.2016, these appeals may be disposed of accordingly.

(2.) However, looking to the subject matter of the writ petition leading to these appeals, related to the registration of forest land/area, this Court has invited response from the learned Sr.GA appearing for the State respondent as also from the learned senior counsel Mr. HS Thangkhiew, appearing for the Jaintia Hills Autonomous District Council.

(3.) Learned senior counsel Mr. HS Thangkhiew, appearing for the Jaintia Hills Autonomous District Council, submits that this Deed of Settlement is essentially an endorsement and acceptance of the order passed by the Executive Committee of Jaintia Hills Autonomous District Council; and the Jaintia Hills Autonomous District Council, has possibly no objection if the appeals are disposed of in terms thereof. Mr. ND Chullai, learned Sr.GA submits that the forest deserves to be protected, but otherwise he has not stated any specific objection to the Deed of Settlement, nor it appears that the State had earlier raised any objection as regards dealing of the matter by the Executive Committee of the Jaintia Hills Autonomous District Council. Of course, it goes without saying that all concerned are obviously duty bound to take all necessary measures so as to protect the forest and to take all the requisite steps in that regard, as envisaged by law. No further comments appear requisite in these matters.