NORTHEAST FRONTIER RAILWAYS Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present appeal under Rule 29 of the Rules for Administration of Justice and Police in Nagaland read with Article 227 of the Constitution is filed by the Northeast Frontier Railways represented by its General Manager and the Divisional Railway Manager, Northeast Frontier Railway, Lumding, Assam challenging the impugned order No.LD-1/2001-D/1/11126 dated 17-08-2012 passed by the Deputy Commissioner, Dimapur, Nagaland wherein, the State of Nagaland represented by the Chief Secretary, Nagaland, Kohima, the Commissioner, Nagaland, Kohima, the Deputy Commissioner, Nagaland, Dimapur, Nagaland and Shri. Lhoutuo Loucu are arrayed as the opposite parties while M/S Loktak, H.E. Project represented by the Chif Engineer, Loktak Down Stream, H.E. Project Vidyut Vihar, P.O., Loktak, Kom Keirap-795124, Manipur has been arrayed as proforma opposite party.

(2.) Facts of the case is that the Northeast Frontier Railways was allotted a plot of land measuring 135.502 acres in Naga Hill, under Dimapur Mouza for Railway plan land etween Rangapahar crossingKhatkhati and was in possession of the said land since independence period. The allotted land was traced out as plan DEN/LMGs DRG No.L/6/64/63 and jointly signed by District Engineer, N.F. Railway, Lumding and the then Sub-Deputy Collector, Dimapur in the year 1964. The railway land is 300 feet on both sides of the railway tracks as per the plan. This plan was further verified by SubDeputy Collector, Dimapur on 06-08-1978 which is placed as Annexure-A.

(3.) Out of the said plot of land, on 04-11-1972, the N.F. Railways had licensed out a plot of land measuring 24000 sq.ft/1.66 bigha to M/S Loktak H.E. Project, Imphal/proforma opposite party No.1 for the purpose of stacking heavy materials and erection of gantry for loading and unloading facilities. The appellants have licensed out the said land to the opposite party No.1 on payment of Rs. 2187/- as license fees and supervision charges. This was contained in letter No.W/338/1/DMV dated 04-11-1972 contained in Annexure-B. Proforma opposite party No.1, thereafter, made initial payment for the license upto 1978 and thereafter, stopped paying. Letters demanding payment of license fees that is due were written to the proforma opposite party No.1 which is placed at Annexure-C. On 18-10-2004, the plot of land was measured by the parties i.e. Assistant Divisional Manager, N.F. Railwatys, Dimapur and the proforma opposite party was represented by Assistant Manager and Research Officer, Loktak Down Stream H.E. Project, Manipur. Copy of the measurement is annexed as Annexure-D.