Assam-Meghalaya boundary pact: SC lifts HC stay on MoU demarcating boundary

The Supreme Court on Friday lifted the stay imposed by the Meghalaya High Court on a memorandum of understanding (MoU) signed by Chief Ministers of Assam and Meghalaya in connection with demarcation of physical land boundaries between the two states.

A bench headed by Chief Justice D.Y. Chandrachud issued notice to the respondents in the appeal filed by Meghalaya and scheduled the matter for hearing after two weeks.

The respondents include people who had originally moved the high court challenging the execution of the MoU and contended that settlement breached Article 3 of the Constitution. Article 3 empowers Parliament to make a law related to the formation of new states and alteration of the boundaries of existing states.

The bench, also comprising justices P.S. Narasimha and J.B. Pardiwala, ordered a stay on the Meghalaya High Court order, after considering submissions made by Solicitor General Tushar Mehta and counsel representing Assam and Meghalaya governments.

The bench noted that prima facie, the single judge of the high court has not furnished any reason for the interim order, and whether the MoUs will require parliamentary approval is a distinct issue.

It said, "the interim order staying the MoU was not warranted. Thus, the interim order of the single judge is hereby stayed".

The top court was informed that some areas, which fall under the MoU, are not receiving developmental benefits due to the old border disputes.

Also, the boundary between the two states has not been altered due to the agreement and there is no exchange of lands, and it is just demarcation of boundaries, counsel argued.

In December, the high court ordered an interim stay on physical demarcation on the ground following the inter-state border pact.

Later, a division bench of the high court refused to interfere with the order of the single judge bench.

In March, last year, Meghalaya Chief Minister Conrad Sangma and his Assam counterpart Himanta Biswa Sarma signed an MoU for demarcating the border in at least six of the 12 contested locations that often-raised tensions between the two states.