Shillong (Meghalaya), June 26: The High Court of Meghalaya here, comprising Chief Justice I.P. Mukerji and Justice W. Diengdoh, has referred a public interest litigation (PIL) related to the Mawjymbuin cave dispute in Mawsynram, East Khasi Hills District, to a single judge for mediation. The dispute revolves around the ownership and management of the cave, which has acquired significant religious importance due to a stone configuration believed by some to be a “Shiva Linga.”
The petitioner, Seng Khasi Hima Mawsynram, claims that the cave is a sacred site for Hindus, with hundreds of devotees visiting the site to offer “puja.” However, there is a dispute over the ownership of the property, with a document dated May 14, 2015, allegedly conveying the property to the Seng Khasi Hima Mawsynram.
During the hearing, the court noted that a similar writ petition, WP (C) No.275 of 2024, is pending before a single judge, who has formed a committee to inquire into and resolve the issue. The court deemed it fit to refer the present PIL to the same single judge for mediation, with a request to make an effort to resolve the matter amicably.
The court also directed that the petitioner in the PIL be added as a party in the pending writ petition and that the Registry effect the necessary amendment in the cause title. If mediation fails, the court suggested that the learned judge may refer the subject-matter of the PIL to the District Council Court.
The court further directed that the issue of jurisdiction may be tried as a preliminary issue in the District Council Court. If the court determines it has jurisdiction, it shall continue to hear the matter. However, until the writ petition is disposed of, the District Council Court shall only pass interim orders after taking leave from the learned single judge.
With these observations and directions, the High Court has disposed of the PIL, leaving the matter to be further adjudicated upon by the District Council Court and the learned single judge.
