STATE OF ASSAM v.

UNION OF INDIA & ORS. (Original Suit No. 2 of 1988)

AUGUST 20, 2010

[Markandey Katju and T.S. Thakur, JJ.] 2010(10) SCR 500

The following order of the Court was delivered

ORDER

Heard learned counsel for the parties.

The Interlocutory Application No.19 of 2010 in orginal Suit No.2  

of 1988 (for modification of the order dated 12th January, 2010) is  

dismissed.

As regards the Original Suit No.2 of 1988 under Article 131 of  

the Constitution of India filed by the State of Assam against the State  

of Negaland, we are of the opinion that apart from the proceedings  

before  the  Local  Commission  appointed  earlier  by  this  Court,  an  

attempt  should  also  be  made to  resolve  the  dispute  between the  

State of Assam and State of Negaland by mediation.

The present dispute is for determining the boundary betwee the  

State of Assam and State of Nagaland. The State of Nagaland was  

created  by  an  Act  of  Parliament  of  1962  out  of  the  territories  of  

Assam, but the exact boundary between the two States is yet to be  

determined.

We, therefore,  appoint  Mr.  Sriram Panchoo,  Senior  Advocate,  

High  Court  of  Madras  at  Chennai  and  Mr.  Niranjan  Bhat,  Senior  

Advocate High Court of Gujarat at Ahmdabad, who are two of the  

foremost experts in mediation in India, to be the co-mediators. They  

may also take the help of experts and may also have one assistant  

each for the process of mediation. The two mediators will decide who  

the expert should be in the mediation and the representative of the  

Union Home Ministry shall  also be associated with  the process of  

mediation.  The  two mediators  may fix  their  own emoluments  and  

expenses and also of their assistants, which shall be borne equally  

by the two States.

We  are  of  the  opinion  that  the  two  mediatiors  and  their  

assistants will  first have three sittings with the Chief Secretaries of  

Assam and Negaland and other officers whom the Chief Secretaries  

may  like  to  associated  with  them.  After  these  three  sittings,  a  

preliminary Report will  be submitted by the two meditors regarding  

the  progress  made  and  whether  in  their  opinion  it  is  possible  to  

resolve the dispute between the parties by mediation. This case will  

be  listed  after  the  receipt  of  the  preliminary  Report  from the  two  

mediators. If a positive report is received, we may consider extending  

the period  for  mediation  with  the consent  of  the  parties.  The first  

meeting  of  the  mediators  and  their  assistants  with  the  Chief  

Secretaries and other officers whom the Cheif Secretaries may like to  

associate with them will be held on Saturday and Sunday, 18th and  

19th September,  2010 at New Delhi  at a place determined by the  

Union Home Ministry. The Union Home Ministry will arrange for the  

air  tickets,  accommodation,  transport  etc.  of  the two meditors  and  

their assistance. The other two dates and the venue will be fixed by  

the two meditors in consultation with the Chief Secretaries of the two  

States concerned but the second meeting should not be four weeks  

later than the first meeting and the third meeting should not be four  

weeks later than the second metting to ensure that the report of the  

mediators reaches this Court by 06th December, 2010.

List this case on 13th December, 2010.

We make it clear that this process will not in any way affect the  

proceedings  before  the  Local  Commission  where  the  State  of  

Nagaland will  filed  its  evidence preferably within two months from  

today  and  co-opertate  with  the  Local  Commission  to  enable  the  

Commission to complete its assignment as early as possible.

Let  a  copy of  this  order  be  sent  forthwith  to  the  two mediators  

appointed by us, Chief Secretaries of the Two States and Union Home  

Ministry.