Shillong, Jul 19: Advocate Erwin K Syiem Sutnga has raised concerns over the Khasi Hills Autonomous District Council’s (KHADC’s) Regulation and Administration of Land amendment bill.
Speaking to Highland Post yesterday on the matter, Sutnga said the existing KHADC Land Act recognises traditional institutions and defines their role, subject to the approval of the district council under Section 9.
He questioned the necessity of the amendment, noting that Raid land is traditionally regarded as community property. Citing observations made by the Supreme Court on community ownership of land and resources, he said the benefits of Raid land are meant to be enjoyed by the people, who act as custodians for the present and future generations.
“Raid land is a common community resource which is a beautiful system which we have. So now was it necessary for the KHADC to pass this amendment which ousted the role of the traditional institutions,” Sutnga said.
He further said that once the council appropriates control and management of Raid land to itself through the amendment, questions of implementation would arise, particularly in villages that do not agree to the changes. According to him, implementation would also require identification and classification of all Raid lands, citing examples such as Raid Mawshai in Khyrim Syiemship, Raid Nongkrem and Raid Nongbri.
He also questioned the positioning of the district council in relation to the Himas, asking whether the council is a constituent of the Hima or above it, and termed the provision “ambiguous.”
Sutnga suggested that concerns over misuse could have been addressed through rules rather than an amendment. He pointed out that Section 9 already provides for the authority of traditional institutions with Council approval. He added that the system of allotting Raid land to landless people, with unused land reverting to the community, already functions like a land bank.
“I see a great constitutional anomaly here and also it paves a door to destroy our land tenure system,” he said.
He suggested that the amendment be withdrawn and that clear rules be framed for the management of Raid lands after wider consultation with stakeholders. He added that a broader consultation could also help address other shortcomings in the Land Administration and Regulation Act.
When asked about legal risks to indigenous land rights, Sutnga said the biggest concern is the “total negation and denial of customary rights.”
