Meghalaya
,
Mawryngkneng
,
East Khasi Hills
Published :
Aug 2016
|
Updated :
Khasi Hills District Council Opposes Land Acquisition for New Shillong Township in Meghalaya
Reported by
Jonah
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
9600
People affected
2015
Year started
809
Land area affected
Households affected
9600
People Affected
2015
Year started
809
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Township/Real Estate
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The New Shillong Township (NST) is a project initiated during the preparation of the Second Shillong Master Plan, 19912011. The township was proposed to be set up near Mawdiangdiang, spread across an area of 20.3 square kilometers, to ease urban congestion in Shillong. According to the 2011 Census, Shillong had a population of five lakh people but had the capacity to hold only three lakh people. The excess two lakh people were meant to be catered to by the new township. Apart from housing, the state government also planned to decentralise commercial activities by bringing commercial hubs into the area.
The project hit a roadblock when the government sought to expand the township by acquiring 2,000 acres of community land falling under Raid Tunring and Raid Mawpdang. The acquisition would directly affect at least 2,000 households in 16 villages, 90 per cent of which rely on agricultural activities for livelihood. Claiming that the Meghalaya Urban Development Authority surveyed the land without the permission of the Khasi Hills Autonomous District Council (KHADC), Sohryngkham MDC Pyniaid Sing Syiem urged all 30 MDCs to oppose the expansion. The KHADC's Chief Executive Member P.N. Syiem assured to issue an executive order to all chiefdoms prohibiting land acquisition without the consent of the KHADC executive committee. The LARR Act, 2013, does not particularly provide protection to these community lands, nor does it provide for the District Council to prevent the state government from acquiring land. However, the Act clearly states that the state or Union government has to take prior consent of the District Councils to acquire land under their jurisdiction. On December 9, 2020, the stonelaying ceremony was held for the expansion of the ShillongDiengpasoh Road as part of the township upgradation. In March 2021, Urban Affairs Minister Sniawbhalang Dhar announced that multiple projects are being planned in the unutilised NST area.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-Forest, Non-Forest (Grazing Land), Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

11.15

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Khasi Hills Autonomous District Council, Meghlaya Urban Development Authority

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Pyniaid Sing Syiem (Member of District Council), P.N. Syiem (Chief Executive Member)

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Jonah
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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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