Full Judgment Text
STATE OF ASSAM
v.
UNION OF INDIA & ORS.
(Original Suit No. 2 of 1988)
AUGUST 20, 2010
[Markandey Katju and T.S. Thakur, JJ.]
2010(10) SCR 500
The following order of the Court was delivered
ORDER
Heard learned counsel for the parties.
The Interlocutory Application No.19 of 2010 in orginal Suit No.2
of 1988 (for modification of the order dated 12th January, 2010) is
dismissed.
As regards the Original Suit No.2 of 1988 under Article 131 of
the Constitution of India filed by the State of Assam against the State
of Negaland, we are of the opinion that apart from the proceedings
before the Local Commission appointed earlier by this Court, an
attempt should also be made to resolve the dispute between the
State of Assam and State of Negaland by mediation.
The present dispute is for determining the boundary betwee the
State of Assam and State of Nagaland. The State of Nagaland was
created by an Act of Parliament of 1962 out of the territories of
Assam, but the exact boundary between the two States is yet to be
determined.
We, therefore, appoint Mr. Sriram Panchoo, Senior Advocate,
High Court of Madras at Chennai and Mr. Niranjan Bhat, Senior
Advocate High Court of Gujarat at Ahmdabad, who are two of the
foremost experts in mediation in India, to be the co-mediators. They
may also take the help of experts and may also have one assistant
each for the process of mediation. The two mediators will decide who
the expert should be in the mediation and the representative of the
Union Home Ministry shall also be associated with the process of
mediation. The two mediators may fix their own emoluments and
expenses and also of their assistants, which shall be borne equally
by the two States.
We are of the opinion that the two mediatiors and their
assistants will first have three sittings with the Chief Secretaries of
Assam and Negaland and other officers whom the Chief Secretaries
may like to associated with them. After these three sittings, a
preliminary Report will be submitted by the two meditors regarding
the progress made and whether in their opinion it is possible to
resolve the dispute between the parties by mediation. This case will
be listed after the receipt of the preliminary Report from the two
mediators. If a positive report is received, we may consider extending
the period for mediation with the consent of the parties. The first
meeting of the mediators and their assistants with the Chief
Secretaries and other officers whom the Cheif Secretaries may like to
associate with them will be held on Saturday and Sunday, 18th and
19th September, 2010 at New Delhi at a place determined by the
Union Home Ministry. The Union Home Ministry will arrange for the
air tickets, accommodation, transport etc. of the two meditors and
their assistance. The other two dates and the venue will be fixed by
the two meditors in consultation with the Chief Secretaries of the two
States concerned but the second meeting should not be four weeks
later than the first meeting and the third meeting should not be four
weeks later than the second metting to ensure that the report of the
mediators reaches this Court by 06th December, 2010.
List this case on 13th December, 2010.
We make it clear that this process will not in any way affect the
proceedings before the Local Commission where the State of
Nagaland will filed its evidence preferably within two months from
today and co-opertate with the Local Commission to enable the
Commission to complete its assignment as early as possible.
Let a copy of this order be sent forthwith to the two mediators
appointed by us, Chief Secretaries of the Two States and Union Home
Ministry.