Supreme Court of India

STATE OF ASSAMversusUNION OF INDIA & ORS.

Citation: 2010 INSC 538
Decided: 20 August 2010
Disposal: Hearing Adjourned
Bench: MARKANDEY KATJUT S THAKUR

Holding

The Court held that mediation may be ordered alongside the Local Commission proceedings and appointed co‑mediators with specific procedural guidelines to attempt settlement of the boundary dispute.

Summary

The State of Assam filed a suit under Article 131 of the Constitution seeking a determination of its boundary with the State of Nagaland, which was created by a 1962 Act of Parliament. The Supreme Court, while a Local Commission was already appointed to examine the dispute, ordered that the parties also attempt mediation. It appointed two senior advocates, Mr. Sriram Panchoo and Mr. Niranjan Bhat, as co‑mediators, allowing them to engage experts and assistants, and set a schedule of three mediation sittings with the chief secretaries of the two states. The court directed that a preliminary report be submitted and that the mediation report reach the Court by 6 December 2010, without affecting the ongoing Commission proceedings. An interlocutory application seeking modification of a prior order was dismissed. The order thus combined judicial and alternative dispute‑resolution mechanisms to resolve the inter‑state boundary issue.

Issues considered

Whether the Supreme Court may order mediation in a constitutional dispute under Article 131.
Whether mediation can proceed concurrently with the proceedings of a court‑appointed Local Commission.
What procedural guidelines and timelines are appropriate for court‑ordered mediation in an inter‑state boundary dispute.

Legislation cited

Constitution of Indias. Article 131
Nagaland (State) Act, 1962

Subjects

inter‑state boundary disputeArticle 131mediationalternative dispute resolutionLocal Commissionconstitutional lawSupreme Court

Judgment

                     [2010] 10 S.C.R. 500


A                       STATE OF ASSAM
                                 V.
                    UNION OF INDIA & ORS.
                   (Original Suit No. 2 of 1988)
                        AUGUST 20, 2010
B
         (MARKANDEY KATJU AND T.S. THAKUR, JJ.]

        Constitution of India, 1950:
        Article 131 - Boundary dispute between States of Assam
C and Nagaland - Suit - Interlocutory application - HELD:
  Apart from the proceedings before the Local Commission
  appointed earlier by Supreme Court, an attempt should also
  be made to resolve the dispute between the two States by
  mediation - Accordingly, two of the foremost experts in
D mediation in India, appointed 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 - Guidelines given
  as regards the sittings for mediation and the procedure to be
  followed - It is to be ensured that the report of the mediators
E reaches the Court by 6.12.2010 - It is made clear that this
  process will not in any way affect the proceedings before the
  Local Commission where the State of Nagaland will file its
  evidence preferably within two months and co-operate with the
  Local Commission to enable it to complete its assignment as
F early as possible - Alternative Disputes Resolution by
  mediation.
        CIVIL ORIGINAL JURISDICTION : Original Suit No. 2 of
    1988.
G        Krishnan Venugopal, Krishna Sarma, Navneet Kumar,
    Vartika Sahay (for Corporate Law Group) for the Appellant.
      Mohan Jain, ASG, K.N. Balgopal, Kailash Vasdev, D.K.
  Thakur (for P. Parmeswaran), Gopal Singh, A.P. Mukundan,
  Edward Belho, Timikha Koza, P.A.R. Naga, G.K. Bhart, Sanjay
H                           500
   STATE OF ASSAM v. UNION OF INDIA & ORS.                  501


Sandilya, Anil Srivastav, Meenakshi Arora, Mohit D. Ram,            A
Kumar Mihir, Sanjeev Kumar (for Khaitan & Co.) A.S. Bhasme,
Sanjeev Kumar for the Respondents.
    The following order of the Court was delivered
                              ORDER                                 B
    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.                                                 c
     As regards the Original Suit No.2of1988 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    D
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
                                                                    E
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          F
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      G
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.
                                                                    H
    502      SUPREME COURT REPORTS                  (2010) 10 S.C.R.


A         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
B   meditors regarding the progres,s 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
C   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
D   by the Union Home Ministry. The Union Home Ministry will
    arrange for the air~ickets, 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
E   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.
F      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
G 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.

H R.P.                                              Matter adjourned.

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