Tura, Feb 18, 2025:Social Activist Mark Flaming B.Marak, demands Garo Hills Autonomous District Council (GHADC) Tura and urged CEM Albinush R.Marak to examine Additional Mouza No. V to X, which is exercised by the GHADC and to revoke and recall Additional Mouza No. V to X and to stop implemented in Garo Hills by the GHADC.

Marak mentioned in his release that the Constitution of India was proclaimed in 1950 under Article 224 (2) a provision for Administration of Tribal Areas in the then State of Assam, as per Sixth Schedule of the Constitution. The State in North Eastern Region, where Reconstitute by the North Eastern Areas (Re-Organization) Act 1971 and the State of Meghalaya was formed comprising the Territory which they were comprised in the Autonomous State of Meghalaya and so much of the Territories comprised within the contentment and Municipality of Shillong as did not form part of that Autonomous State.

The table appended to Paragraph 20 was divided into three parts. Part II of the table cover the tribal areas of the State of Meghalaya namely United Khasi Jaintia Hills District, Jowai District and Garo Hills. Meghalaya has three Autonomous District Council the Khasi Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Garo Hills Autonomous District Council.

Garo Hills Autonomous District Council was established in 1973. The provision of the Sixth Schedule of the Constitution provides for the establishment of Autonomous District Council for self government’s of tribal area and vest Autonomous District Council (ADC) with legislative Power on concern subjects relating to land, forest, water law of inheritance etc.

In the beginning of the establishment of Garo Hills Autonomous District Council (GHADC) Tura there were total number of IV Mouza in the entire Hills area or Garo Hills Autonomous District Council, was formed in comprised of IV Hills Mouza. The IV Mouza of GHADC Tura are Mouza I-I to I-9 I/c Kelland S. Marak
ii. Mouza II-10 to
11-23 I/c Minison Ch. Marak, Mouza III-24 to III-45 I/c Ringseng Ch. Marak, Mouza IV-46 to IV-60 I/c Crossline R. Marak.

The entire District of Garo Hills, West Garo Hills, East Garo Hills, South Garo Hills, North Garo Hills and South West Garo Hills under the IV Mouzas. The GHADC is the constitutionally established Authority which maintained the A·king Record and the Register of Nokmaship of the A·kings in the District of the Garo Hills.

The GHADC empower to issue the Land Patta provided the respective or concerned Nokma have issued the written document to the individuals, who intend to apply for issuance of Land Patta from GHADC.

The issuance of Land Patta with the written concerned of the respective Nokma is being exercise in the entire Garo Hills which fall under Mouza No.I,II,III & IV and no Land Patta can be issue for any individuals or interested persons without the No Objection Certificate (NOC) issued or without any concerned and knowledge of the respective Nokma’s, however, the GHADC can issue the Land Patta to the individuals, Government Department, Corporation or Companies without concerned and knowledge of Nokma or NOC issued by Concerned Nokmas.

Stated in the GHADC that the Garo Hills Autonomous District Council is the constitutionally established Authority which maintain the A·king record and the Register of the Nokmaship of the A·kings in the District of the Garo Hills.

However, the GHADC does not possess any land of their own, they are not the absolute owner of any land, therefore GHADC have no power and legally entitled to issue any Land Patta, either to the Government Department, Company, Corporation to any private individuals irrespective of the area or land fall within the jurisdiction of Mouza No. I to IV and within the jurisdiction of Mouza No. V to X.

But the GHADC had been issuing Land Patta to the Government department, Corporation, Companies and to the individuals including to the Non-Tribals in the entire Garo Hills District on the ground that the GHADC have the power to issue Land Patta which fall under Mouza No. V to X without any legal basis.

There are only IV Mouzas in the entire Garo Hills District Council, since inception of the GHADC Tura, since 1973, but surprisingly the GHADC have added another VI (six) i.e (V to X Mouza) and this additional Mouza No. V to X are operating and being implemented together with the Mouza No. I to IV and there is no notification, rules or act framed by the GHADC. Whereby it has empowered the GHADC to add another Mouza No. V to X and it is still unknown from where the GHADC have derived the power to add the additional Mouza No. V to X and to operate the Mouza No. V to X by issuing the Land Patta to the Government Department, Private Individuals including Non-Tribals and the Company or the Corporation as well.

The contention of the petitioners herein is that since from the inception of the separate establishment of GHADC, had been only IV Mouza and it is not required to add and operate another Mouza No. V to X. The difference between Mouza No. I to IV and Mouza No. V to X is that in Mouza No. I to IV the GHADC have no legal right to issue any Land Patta to the individuals, Government, department, Government Agency, Private Individuals Companies or others without NOC from A·king Nokma or without any Knowledge and information from the concerned respective Nokmas, but the land which falls under Mouza No. V to X the GHADC can issue the Land Patta to the Government Agency, Government Department Company, Corporation and to the individuals.

The additional creation of Mouza No. V to X is overlapping to the Mouza No. I to IV which means when the Mouza No. I to IV is in existence and in operative. The overlapping addition of Moza No. V to X is highly illegal and not maintainable additional Mouza No. V to X have violated and infringed the Sixth Schedule to the Constitution under Article 224 (2) of the Indian Constitution and hence recalling the operation of the Mouza No. V to X is the need of the hour for the interest of the Tribal Community or to the Indigenous Tribal of Garo Hills.

The Sixth Schedule of the Indian Constitution provided in article 224 (2) of the Indian Constitution and to protect the right of Tribals Communities in North Eastern State of Assam, Meghalaya, Tripura and Mizoram. The establishment of the ADC is to govern the Schedule Areas and the main object of the Sixth Schedule of the Constitution are to Protect Tribal land and resources, to Prohibits the transfer of tribal land and resources to Non-Tribal people.
To Preserve and Promote Tribal Culture: Ensures that the Tribal Communities are not exploited or marginalized by Non-Tribal populations.
Provide Autonomy, gives Tribal communities in the Hill regions of Northeast India measures of autonomy and self-governance.

The Governor of the State have the power to determine the areas to mark as Administrative Units of the Autonomous Districts and Autonomous Regions.
The Autonomous District Councils have legislative executive and Judicial powers.

The ADC make laws, rules and regulations concerning land, forest, water, agriculture and more. The additional Mouza No. V to X by the GHADC Tura, it empowered the GHADC to issue the Land patta to the Government Agency, Government Department, Company, Non-Tribals and to the individuals also violated, Meghalaya Land Transfer Regulation (MLTR) Act 1971, the section 3 and 4 of the Meghalaya Land Transfer and Regulation Act 1971, section 3 read as “ No land in Meghalaya shall be transferred by a tribal to a Non-Tribal or by a Non-Tribal to another Non-Tribal except with the previous sanction of the competent authority. Any transfer of land made in contravention of the provisions of this section shall be avoid and shall not be enforceable in any Court”. Section 4 read as “In granting or refusing sanction under section 3 the competent authority shall take into account the following matters according to the Circumstances of each case”.

Whether the non-tribal holds any other land in map. Whether there is any other tribal willing to take the land on transfer at the market value. Whether the non-tribal seeking to take the land on transfer is carrying or any business profession or vocation in or near the area and whether for the purposes of such business, profession or vocation. It is necessary for him to reside in the area.

Whether the proposed transfer is likely to promote the economic interest of the Scheduled Tribes in the area. Every order granting or refusing sanction shall be in writing and in the case of refusal shall contain reasons for such a refusal. Every application for sanction under this section shall be disposed of by the competent authority as early as possible and not later than six months. If no order is passed by the competent authority on such application within six months , is shall be deemed that sanction has been accorded”.

There is no specific boundary for demarcation to mark the particular land of the area which fall under Mouza V to X in fact admittedly the Schedule V to X fall under Mouza No. I to IV and the GHADC is operating and implementing both Mouza No. I to IV and V to X at the same time which is confusing and unreasonable and not tenable in law. That there is a settled Principle of Law that the particular action id prohibited or restricted by law attempting to achieve the same result through indirect means also prohibited. This Principle aims to prevent individuals or entities from finding loopholes or alternative routes to bypass law or regulation therefore the Court open look beyond the form or appearance of transaction or action to determine its true substance and intense in other word the things which cannot be achieved directing or lawfully also cannot be achieved or done true illegal means or indirectly. In the instant case the GHADC have more legal right to transfer the tribal land to non-tribals and no land Patta can be issued by the GHADC, without written agreement or NOC and without any knowledge and information by the concerned Nokmas.

Therefore addition of Mouza No. V to X by the GHADC without any basis and issuing Patta and transferring the land to the Government Agency Corporation, individuals and others is highly illegal and not maintainable in law.

In the premises aforesaid, it is most Respectfully Prayed that Your esteemed office to take up the matter with your esteemed

The Executive Committee of the GHADC must recall and remove the additional Mouza No.V to X and to stop from being implemented in the entire District of Garo Hills or against the indigenous tribal residing in entire Garo Hills District particularly in Schedule areas, urged Marak.