Meghalaya High Court
Seven City Developers Pvt. Ltd vs The Khasi Hills Autonomous District ... on 12 November, 2013
THE HIGH COURT OF MEGHALAYA
WP(C) No. 306 of 2012
Seven City Developers Pvt. Ltd, a company incorporated under the
provisions of the Companies Act, 1956 and having its registered
office at Mumbai:A-302, Natraj Building, Yari Road, Versova Village,
Andheri (West), Mumbai-400061, represented by its Director.
....... Petitioner
-Versus-
1. The Khasi Hills Autonomous District Council, represented by its
Secretary, Shillong, East Khasi Hills District, Meghalaya.
2. The Chief Executive Member, Khasi Hills Autonomous District
Council, Shillong, East Khasi Hills District, Meghalaya.
3. The Executive Committee, Khasi Hills Autonomous District
Council, Shillong, East Khasi Hills District, Meghalaya.
4. The Secretary, Executive Committee, Khasi Hills Autonomous
District Council, Shillong, East Khasi Hills District, Meghalaya.
4A. The Joint Secretary, Executive Committee, Khasi Hills
Autonomous District Council, Shillong, East Khasi Hills District,
Meghalaya.
....... Respondents
5. Sri Binesh Marai, s/o Sri Burno Marai, r/o Umpophai Village, Raid Marwet, Ri-Bhoi District, Meghalaya.
6. Sri Depen Marai, s/o Sri Jursinah Marai, r/o Umpophai Village, Raid Marwet, Ri-Bhoi District, Meghalaya.
7. Sri Lojen Teron, s/o Sri Ban Teron, r/o Umpophai Village, Raid Marwet, Ri-Bhoi District, Meghalaya.
8. Sri Binon Roagpeh, s/o Sri Ram Singh Roagpeh, r/o Umpophai Village, Raid Marwet, Ri-Bhoi District, Meghalaya.
9. The Syiem Hima Mylliem and Durbar, Mawkhar Main Road, Shillong-793001.
10. Syiem of Mylliem, Mylliem Syiemship, Mawkhar, Shillong- 793001.
....... Proforma Respondents Mr S Sen, Advocate, present for the writ petitioner. Shri KS Kynjing, Advocate General, present for the respondents No. 1 and 2.
Date of Judgment and Order 12th November, 2013 2 JUDGMENT AND ORDER ORAL: HON'BLE PRAFULLA C. PANT, CHIEF JUSTICE Heard.
2. By means of this writ petition, the petitioner has challenged the order dated 30.10.2012, passed by the Executive Committee, Khasi Hills Autonomous District Council (respondent No. 3), whereby the order dated 10.02.2011 refusing trading license was affirmed.
3. Briefly stated Rule 3 of United Khasi-Jaintia Hills (Trading by non-tribals) Rules, 1959, provides that no person other than a tribal residents in the district shall carry on wholesale or retail trade or business within the Khasi Hills Autonomous District except under a license issued in that behalf by an officer of the District Council duly authorized by the Executive Committee under provisions of this Regulation and Rules. It is not disputed that the petitioner is a non- tribal. Rule 3(A) provides conditions for granting or refusing a license.
4. From the copy of the order dated 10.02.2012 (Annexure XII) filed with the writ petition, it appears that the Khasi Hills Autonomous District Council, Shillong, declined the trading license to the petitioner on the ground that the business of the company involves alienation and transfer of huge tract of tribal land measuring 4,71,99,174 sq meters situated in village Umsohphai, 3 Raid Marwet, Myliemship, Ri-Bhoi District. It is further mentioned in the said order that the petitioner has not obtained previous sanction for transfer of such land as required under Section 3 of Meghalaya Transfer of Land (Regulation) Act, 1971. The petitioner is a city developers.
5. This matter was connected with the WP(C)No. 316 of 2012, whereby the writ petitioner challenged the order declining the sanction for transfer of the land by tribals to the petitioner. The said writ petition has been dismissed today after hearing the parties.
6. On behalf of the respondents, it is pointed out that Rule 9(A) of United Khasi-Jaintia Hills (Trading by non-tribals) Rules, 1959, provides that appeal can be filed against any order passed by an officer of the District Council, which shall lie before the Tribunal constituted by the Executive Committee whose decision shall be final.
7. From the affidavits, counter affidavits and the rejoinder affidavit filed on behalf of the parties, there is nothing on record to show that the Tribunal was constituted to decide the appeal/representation of the petitioner.
8. Learned counsel for the respondents submitted that because the appeal was not filed and simply representation was filed as such no Tribunal could be constituted.
9. In the above facts and circumstances of the case and having considered the submissions of the rival parties, this writ petition is disposed of with the observations that to decide appeal dated 4 12.03.2012 (copy Annexure XIV) filed before the Executive Committee of Khasi Hills Autonomous District Council, Shillong, said authority shall constitute a Tribunal in accordance with law so that the appeal may be decided by such Tribunal. It is further observed that the matter of condonation of delay in filing the appeal if any may be considered by such Tribunal in accordance with law.
10. The interim order dated 05.12.2012 and the interim order dated 17.12.2012 stand hereby vacated.
CHIEF JUSTICE dev 12.11.13