Shillong, August 2: Nokmas of Garo Hills have accused the Meghalaya Government of violating tribal autonomy and constitutional safeguards by issuing pattas on Scheduled Lands in Tura, alleging that the move undermines the authority of traditional institutions protected under the Sixth Schedule of the Constitution.
In a media statement, Tura MDC Bernard N. Marak said the recent issuance of pattas by the Deputy Commissioner, West Garo Hills, and their subsequent distribution by Chief Minister Conrad K. Sangma amounted to a serious infringement of tribal rights and constitutional provisions.
According to the statement, the lands in question are Scheduled Lands under the custodianship of Nokmas since the British era and have never been lawfully acquired by the State. It claimed that while a notification under Section 4 of the Land Acquisition Act, 1894, had been issued and objections were filed under Section 5A by the Nokmas through the late advocate Jangsan Sangma, no declaration under Section 6 was ever made, despite payment of Rs 4.71 lakh towards land requisition.
The statement alleged that, since the acquisition process was never completed, the Government has no legal authority to alienate, reclassify or issue pattas over the land.
It further claimed that the matter is currently sub judice before the Meghalaya High Court and alleged that issuing pattas during the pendency of the case amounts to interference with the judicial process and erodes public confidence in governance.
Citing Article 244(2) and the Sixth Schedule of the Constitution, the statement maintained that authority over tribal lands and customary governance rests with the District Councils and traditional heads, including Nokmas. It also referred to Supreme Court judgments, including Madhu Kishwar v. State of Bihar, Samatha v. State of Andhra Pradesh and Lafarge Umiam Mining Pvt. Ltd. v. Union of India, claiming they reinforce the protection of tribal land rights and the role of traditional institutions.
The Nokmas demanded that the State Government immediately suspend the issuance and distribution of pattas on Scheduled Lands until the High Court decides the matter. They also called on the Government to respect the constitutional provisions of the Sixth Schedule, recognise the authority of Nokmas over Akhing lands and refrain from taking administrative actions that could affect ongoing judicial proceedings.
The statement concluded that bypassing the authority of traditional institutions and issuing pattas under what it termed an “alien framework” sets a dangerous precedent for tribal land governance and weakens the constitutional protections granted to indigenous communities.
