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Supreme Court of India

SHELLA ACTION COMMITTEE vs STATE OF MEGHALAYA on 13 August, 2008

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C.A. No.-006752-006752 - 2008Official PDFBench Konakuppakatil Gopinathan Balakrishnan, Arijit Pasayat, Sarosh Homi KapadiaAdvocates SOMIRAN SHARMA
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)
O R D E R

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

to proceed with the writ petition filed by the appellant and pass appropriate

orders.

The appeal is disposed of accordingly. No costs.