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Shella Action Committee Vs. State of Meghalaya & Ors. [2008] INSC 1365 (13 August 2008)

Judgment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6752 OF 2008 (@SPECIAL LEAVE PETITION (CIVIL)NO.19012 OF 2008)

SHELLA ACTION COMMITTEE Petitioner(s)

VERSUS STATE OF MEGHALAYA & ORS. Respondent(s)

ORDER

1.     Leave granted.

2.     Application for deletion of proforma respondent nos.12 to 18 is allowed.

3.     The appellant herein, has filed a writ petition before the Guahati High Court alleging that the Government had sanctioned transfer of 100 ha. of land to respondent no.7 and 8. The appellant contended that this transfer is violative of the provisions of Meghalaya Transfer of Land (Regulation) Act, 1971, which prohibits transfer of land to private parties. The High Court, by the impugned interim order, deferred hearing of the writ petition on the ground that the issues are pending before this Court. We make it clear that there is no such proceedings pending before this Court regarding alleged violation of the provisions of the Meghalaya Transfer of Land (Regulation) Act, 1971 and the High Court is at liberty 2 to proceed with the writ petition filed by the appellant and pass appropriate orders.

The appeal is disposed of accordingly. No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J. (Dr.ARIJIT PASAYAT)

.................J. (S.H. KAPADIA)

NEW DELHI;

21ST NOVEMBER, 2008.

 

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