Meghalaya HC hears religious rights dispute over sacred land in Mawsynram

The Meghalaya High Court today heard a contentious Public Interest Litigation (PIL) involving two factions of the Khasi tribe fighting over religious rights to a piece of land in Mawsynram village.

The PIL, filed by Seng Khasi Hima Mawsynram, represented by its President Tyllilang Myrthong, challenges the control of a disputed property currently under the Headman or Rangbah Shnong Dorbar, Mawsynram.

A division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh heard the matter, which originated from a letter dated March 24, 2025, addressed to the Chief Justice and subsequently registered as a PIL on April 23.

The petitioner group, who identify themselves as Niam Khasi and claim to practice Hindu Sanatan Dharma, allege they are being prevented from performing traditional religious practices on the disputed property.

"The latter section of Khasis has wrongfully taken possession of the land and property and is preventing them from carrying out their age-old religious practices on this property," the court noted in its order.

Complicating the matter is an ongoing Title Suit (T.S. No.74 of 2024) in the Subordinate District Council Court, Shillong, where the Syiem Mawsynram and Dorbar are seeking to cancel a registered memorandum of understanding that allegedly grants the petitioner group worship rights on the property.

The court directed respondents 16 and 17 to produce relevant documents from the District Council Court proceedings "to enable us to assess the rights of the parties, prima facie and to pass an appropriate order in this matter."

The question of the High Court's jurisdiction remains open for further consideration, reflecting the complex interplay between constitutional provisions and tribal governance structures. The Sixth Schedule to the Constitution of India, read with the High Court of Meghalaya Order of 2014, recognises District Council jurisdiction over civil matters in tribal issues, with the High Court exercising only appellate or revisional authority.

"We make it clear that pendency of this petition will not prevent the civil court from proceeding with the suit in accordance with law," the bench emphasised.

The matter has been scheduled for further hearing on June 18, 2025.