Kerlang Ksoo v. State of Meghalaya and 9 Ors

HIGH COURT OF MEGHALAYA AT SHILLONG PIL No.18/2025 Date of order: 17.12.2025

Shri Kerlang Ksoo Vs.

¶1State of Meghalaya, represented by the Commissioner and Secretary, Government of Meghalaya, Shillong.

¶2The State of Meghalaya, represented by its Principal Secretary, Forest and Environment Department, Shillong.

¶3The Principal Chief Conservator of Forests & HoFF, Meghalaya, Shillong.

¶4The Meghalaya State Pollution Control Board, through its Member Secretary, Lumpyngngad, Shillong-793014.

¶5The Deputy Commissioner, East Jaintia Hills District, Khliehriat, Meghalaya.

¶6The Deputy Director General of Forest (C), Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Lumbatngen, Shillong-793021.

¶7The Chairman, State Environment Impact Assessment Authority, Silviculture Building, Lower Lachumiere, Shillong-793001.

¶8Jaintia Hills Autonomous District Council, represented by the Secretary, West Jaintia Hills, Jowai, Pin-793150, Meghalaya.

¶9Shree Cement Limited, having its registered office at Bangur Nagar, Beawar District, Rajasthan-305901.

¶10Shri Syrpaibha Sukhlain.

Coram:

Hon'ble Mr. Justice Soumen Sen, Chief Justice

Hon'ble Mr. Justice H.S. Thangkhiew, Judge

Serial No.02 Supplementary 1 List

Appearance : For the Applicant : Mr. N. Syngkon, Adv with

Mr. Philemon Nongbri

For the Respondent : Mr. A. Kumar, Advocate General with

Mr. A.H. Kharwanlang, Addl.Sr.GA

Dr. N. Mozika, DSGI with

Ms. K. Gurung, Adv

i) Whether approved for

reporting in Law journals etc.:

ii) Whether approved for publication

in press:

JUDGMENT: (per the Hon'ble, the Chief Justice) (Oral)

The petitioner claims to be a public-spirited person and has filed this public interest litigation (PIL) alleging that the land proposed to be used for public purposes is without following the relevant statutes and guidelines in this regard. It is stated that the source of knowledge of the facts stated in the petition is derived from residents of East Jaintia Hills District, including affected villagers of Daistong village, public representations received by the petitioner and documents obtained from competent authorities.

¶2The petitioner claims to have filed a representation before the Meghalaya State Pollution Control Board and the Deputy Commissioner, East Jaintia Hills District to address the issue raised

therein, however, no action has been taken with regard to the public hearing to be conducted on 19.12.2025. The petitioner refers to an agreement for sale executed between one tribal seller and the respondent No.9 non-tribal buyer with regard to 61.97 acres more or less of land situated at Khara Siang Lum Pyrshim located in the village Daistong, Elaka Nongkhlieh. It appears that the said land is proposed to be used for an integrated cement plant to be constructed in the State of Meghalaya for which an agreement for sale was executed as stated above.

¶3The submission that it has not followed the required statutory norms is premature having regard to the fact that the Meghalaya State Pollution Control Board has not given environmental clearance and a public hearing is scheduled on 19.12.2025. The petitioner is not a person aggrieved. None of the villagers who have either sold the land or could have been affected by land transfer are not before us. We are informed that a writ petition was filed recently challenging the transfer of land and also stay of the public hearing before a learned single judge and after an interim order was refused, this PIL has been filed seeking almost self-same reliefs.

¶4In view of the fact that a writ petition is already pending in which transfer of the land is an issue and no interim order was passed at this stage, it cannot be said that the villagers likely to be affected by any such transfer or any decision to set up any cement plant require any representation by a public-spirited person like the petitioner as the villagers are aware of their rights and they have already approached this Court seeking a remedy and the matter is pending before the learned single judge.

¶5Under such circumstances, we are not admitting this PIL. However, it would be open for any person aggrieved by any of the agencies or instrumentalities of the Government of Meghalaya in relation to such transfer of land to approaching the Court seeking a remedy in accordance with law.

¶6Accordingly, this PIL stands disposed of.

(H.S. Thangkhiew) (Soumen Sen) Judge Chief Justice

Date: 2025.12.18 13:59:20 IST