STATE OF ASSAM versus UNION OF INDIA & ORS.

Citation: [2010] 10 S.C.R. 500 · Decided: 20-08-2010 · Supreme Court of India · Bench: MARKANDEY KATJU, T.S. THAKUR · Disposal: Hearing Adjourned
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Judgment (excerpt)

A 
B 
[2010] 10 S.C.R. 500 
STATE OF ASSAM 
V. 
UNION OF INDIA & ORS. 
(Original Suit No. 2 of 1988) 
AUGUST 20, 2010 
(MARKANDEY KAT JU 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 
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 
E 
F 
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. o
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