SMTI. NEIKEHENUO BAO SEKHOSE, WIFE OF K. BAO SEKHOSE, OF VILLAGE KOHIMA, RESIDING AT PEZIELIETSIE, KOHIMA TOWN, KOHIMA Vs. THE ADDITIONAL CHIEF SECRETARY & COMMISSIONER & APPELLATE AUTHORITY AND ANOTHER

JUDGEMENT

(1.) Heard Mr. R. Iralu, learned counsel for the petitioner as well as Mr. L.S. Jamir, learned Additional Advocate General, Nagaland for the State respondents.

(2.) The brief facts of the case is that the petitioner was allotted a plot of land on the eastern side near the Kohima War Cemetery in lieu of the site given by the petitioner for construction of Kohima Arts College. In the year 1980, the petitioner started to construct her house on the said plot of land but she could not continue with the construction due to proposal for widening of the NH- 39. She applied for permission for resumption of his RCC building construction at Midland near Overbridge before the Deputy Commissioner, Kohima on 17-11-2004 and on the body of the said application the Deputy Commissioner, Kohima directed the Revenue Officer to verify the site and submit detailed report for examination. The fresh building permit was not issued to the petitioner. But since the Deputy Commissioner, Kohima directed the Revenue Officer to verify and submit report, the petitioner was under impression that she has been allowed to proceed with further construction work and accordingly, she completed the construction of her RCC building up to the level of the NH-39. At that stage only the Deputy Commissioner, Kohima served show cause notice dated 06-08-2005 upon the petitioner alleging that she had constructed RCC building on the prohibited area and directing her to submit defence written explanation as to why legal action as per provisions of law should not be taken against her within 48 hours from the time of issue of the notice failing which ex parte decision shall be taken. The petitioner, on receipt of the aforesaid show cause notice, submitted her written defence on 08-08- 2005. On consideration of the said show cause reply, the Deputy Commissioner, Kohima came to the conclusion that the said allotment order below War Cemetery on NH- 39 has no validity as the petitioner has been given alternative site opposite to Milk Booth in Super Market area. Further he came to finding that the petitioner's claim of having obtained a construction permit from the then Deputy Commissioner, Kohima, late S. Lima Aier has no relevance to the site belonging to Mrs. Khrievi-u as the construction permit as furnished by the petitioner to Deputy Commissioner's Office was in the name of Shri K. Bao Sekhose. In view of the above it was directed by the respondent Deputy Commissioner, Kohima that : (1) no construction work should be carried out at the construction site. (2) the already constructed building structure should be demolished/dismantled at their own cost within 60 (sixty) days from the date of issue of this order failing which dismantling work shall be carried out by use of Police Force at petitioner's cost. (3) The Cement Concrete (C.C.) slab construction materials lying unused on the NH-39 road side should be immediately removed as it is obstructing vehicular and pedestrian movement.

(3.) Being aggrieved by the aforesaid order of the Deputy Commissioner, Kohima, petitioner preferred an Appeal before the Commissioner, Government of Nagaland, which was registered as Eviction Appeal Order Case No.1/2005. The learned Additional Chief Secretary & Commissioner & Appellate Authority heard the learned counsel for the appellant and on examination of the materials on record, came to conclusion that construction work opposite to the War Cemetery is illegal since the plot is earmarked in public interest for widening the NH-39. He further came to conclusion that in lieu of her site alternative sites had been allotted on the opposite site of the Milk Booth at the Super Market area and another site near South Police Station in favour of the appellant. In view of the above findings the learned Appellate Authority dismissed the appeal petition with direction to the appellant to dismantle the structure raised on the site and to remove the materials within the next one month from the date of issue of the order. It was further directed that the Deputy Commissioner, Kohima shall supervise the demolition/dismantling works till the process is completed and furnish report to his court.