NIHOKHU VILLAGE COUNCIL Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Longjem, learned counsel for the petitioners assisted by Ms. Lhousino and Mr. C.T. Jamir, learned Senior counsel representing respondent Nos. 8 to 50, 52 to 54, 56 to 66, 71 to 78 and 80 to 90, assisted by Mr. I. Imchen, learned counsel as well as Ms. V. Suokhrie, learned Addl. Sr. Government Advocate for the State respondents.

(2.) This writ appeal is directed against the Judgment and Order dated 02.11.2017 passed in W.P.(C) No. 93(K)/2014. The petitioners who are appellants before this Court are the Nihokhu Village Council, representing the Nihokhu Village, new land sub-division, District- Dimapur, Nagaland and represented by its Chairman, Mr. Ghoshuho Zhimomi. Shri Ahoto Zhimomi is the Head Gaon Bura of the Nihokhu Village, who is the petitioner/ appellant No. 2.

(3.) The case projected by the appellants in the writ petition are at the Nihokhu Village was established 1919 as per Sumi customs and practices. The village is a Government recognised village and in terms of Nagaland Village Councils Act, 1978, the village has a duly constituted village council. The village falls under the Nihokhu EAC (Extra Assistant Commissioner) circle of the NIU land, sub-division under the district of Dimapur, Nagalan. There are about 473 households in the village and the population of the village is more than three thousand. When the Government of Nagaland decided to shift the office of Circle Office at Pherima to Nihokhu, both in the district of Dimapur, there was need for land to construct and establish the new office. In response to the need, the villagers of Nihokhu village offered to donate the required land. Accordingly, vide letter, dated 26.09.1979, six elders of Nihokhu village conveyed the same to the ADC, Dimapur. After the land was gifted to the Government of Nagaland, the CO headquarters was established at Nihokhu village on the land donated. Though the land was donated only for the purpose of establishing the office of CO and for future development, the EAC, Nihokhu, forgetting the very purpose for which the land was gifted and without following the rules of land allotment, issued in the form of Notification and Memorandum by the Government of Nagaland, from time to time, allotted a good portion of land from the donated land to various individuals including the private respondents.