Syiem of Bhowal Mawpen v. Khasi Hills Autonomous District Council (Khadc)
2021-11-18
H.S.THANGKHIEW
body2021
DigiLaw.ai
JUDGMENT 1. This is an application under Article 227 of the Constitution of India seeking directions to be issued to the respondent authorities to expedite disposal of the Boundary Dispute Case No. 10/2010, between the Bhowal Syiemship and the Syiem of Maharam. As the prayer is limited to only seeking appropriate directions for expeditious disposal, notice to the respondent No. 3 & 4, is not deemed necessary for disposing of this petition. 2. I have heard learned counsel for the parties. 3. Mr. K. Paul, learned Senior counsel assisted by Mr. S. Chanda, learned counsel for the petitioner submits that the only grievance is that, 11(eleven) years has elapsed since the institution of the Boundary Dispute case but till date they are still awaiting outcome of the same. 4. Mr. V.G.K. Kynta, learned Senior counsel assisted by Ms. G. Kynta, learned counsel for the respondent No. 1 & 2 submits that the delay has been caused by many intervening factors namely; frequent change of Presiding Officer of the Tribunal and also the delay of notifications for taking up the office. On the query from this Court, Mr. V.G.K. Kynta, learned Senior counsel has produced a list of cases pending before the Tribunal from 2007 to 2021 which are 17(seventeen) in numbers. It is not disputed that these matters are of importance, as they require in-depth inquiry before any findings are arrived at. Be that as it may, the undue delay, however will defeat the purpose of adjudication and settlement of disputes between the Elakas. 5. In these circumstances, in connection with the instant case especially when orders have been passed by this Court, whereby the aggrieved party has been directed to place the dispute before the Tribunal, it is in the interest of justice that the same be disposed of as expeditiously as possible. As noted earlier, the present Tribunal has already 17(seventeen) matters pending before it, which might make it a bit inconvenient to give preference or precedence to the instant case over the older cases, which are still pending. However, the respondent District Council may in this regard, if law permits, consider appointment of Additional Presiding Officer to man the Tribunal so that these matters are not left pending un-attended for an unduly long period. 6.
However, the respondent District Council may in this regard, if law permits, consider appointment of Additional Presiding Officer to man the Tribunal so that these matters are not left pending un-attended for an unduly long period. 6. With the above directions, the instant writ petition is disposed of with the directions that the Tribunal shall make an endeavour to dispose of the Boundary Dispute Case No. 10/2010 as expeditiously as possible, preferably within a period of 10(ten) months from the date of receipt of this order.