The Supreme Court on Friday stayed the Meghalaya High Court’s order putting on hold a memorandum of understanding (MoU) between Assam and Meghalaya to resolve the long-standing dispute on the boundary between the two States.
Observing that the stay of the MoU between the two states was not warranted, a bench of Chief Justice D Y Chandrachud, Justice Pamidighantam Sri Narasimha and Justice J.B. Pardiwala, said, “Prima facie it appears that the single judge has not furnished any reasons. Whether the MoU requires further consideration by parliament is a different issue. However, stay (of MoU) was not warranted.”
Posting the matter for hearing after two weeks, the court issued notice to the concerned parties including two States.
Last week, the Meghalaya High Court had ordered an interim stay on the execution of the Assam-Meghalaya border pact, which was entered between the two States subsequent to the signing of a Memorandum of Understanding (MoU) on March 29, 2022.
The High Court had passed the interim order on a plea by some residents claiming that the MoU violated provisions of the Sixth Schedule of the Constitution which relates to the ‘Administration of Tribal Areas’ in North East States.
The petitioners had contended that if the demarcation of boundary under the MoU is affected, then their petition will be rendered infructuous.
The MoU was signed by Assam Chief Minister Himanta Biswa Sarma and Meghalaya Chief Minister Conrad Sangma to resolve the long-standing boundary dispute between the two States particularly in respect of six areas.
The arrangement allowed Assam to keep 18.51 square kilometres of land, with Meghalaya too keeping 18.28 square kilometres of land, of the 36.79 square kilometres of total land.
Meghalaya was carved out of Assam as a separate State in 1972, but the new State had challenged the Assam Reorganisation Act, 1971, leading to dispute in 12 border locations.