A delegation of traditional heads today met State Chief Secretary Donald P. Wahlang and submitted a petition and to seek clarification pertaining to the recent advisory from the District Council Affairs Department to the Deputy Commissioners of all the districts in the State requesting them to close all toll gates erected by the Autonomous District Councils or authorities acting under them including the traditional bodies on the national highways, State highways, and major district roads in view of the National Highways Act 1956, The Control of National Highways (Land and Traffic) Act 2002.
The traditional heads in their petition drew the attention of the Chief Secretary to the judgment and order dated August 24, 2010 of the division bench of the Guwahati High Court now Meghalaya High Court on this matter.
They informed the Chief Secretary that this recent advisory from the District Council Affairs Department will cause an impact on their administration as they meet various expenditures to support the office staff and judicial and administrative works from the customary tolls and requested for an early resolution to what appears overlapping of jurisdiction of NHAI and the traditional institutions on the national highways.
During the discussion, they also drew the attention of the Chief Secretary on the State Finance Commission Act 2012 which mandated that there would be a regulatory authority to determine the sharing of revenues between the State government, District Councils, traditional bodies and municipal bodies, and would need to be looked into.
The traditional heads also requested that a committee of the stakeholders may also be constituted to discuss these matters in depth for seeking a way out. They also suggested amendments of the various National Highways Act which are in conflict with customary land and social laws.
The petition also drew the attention of the Chief Secretary to clause 5 of the Instrument of Accession and Annexed Agreement signed and accepted by the Government of India on August 17, 1948 which mandated that central laws should be modified to suit the conditions existing in the Khasi States.
The Chief Secretary informed that he will examine and discuss with Law Department and District Council Affairs Department including the Advocate General on this complex issue as it pertains to legal interpretations of central national highway acts, rules and regulations on the one hand while on the other had there is also existing High Court judgments on the same matter.
He informed and assured that in view of the model code of conduct any decision on this important matter will be intimated only after March 2 after the Assembly elections.
The delegation agreed to approach and meet and follow up with the authorities again after the elections prior to seeking legal remedies.
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