Full Judgment Text
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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
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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.