KEJANGLWA VILLAGE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Tali Ao, learned counsel for the petitioner, assisted by Mr. Limawapang, learned counsel and Mr. T. B. Jamir, learned Senior Addl. A.G. appearing on behalf of respondent Nos. 1 to 3 as well as Mr. Diezeseilie Nagi, learned counsel appearing on behalf of respondent No. 4.

(2.) This application under Article 227 of the Constitution of India is challenging the order dtd. 8/5/2019, passed by the Principal District and Sessions Judge, Dimapur, Nagaland in Land Acquisition Reference Case No. 01/2016. From a perusal of the said order, it reveals that the reference proceedings originates under Sec. 12(1) of the Nagaland Land (Requisition and Acquisition) Act, 1965. It further appears from the said order that the award dtd. 21/4/2015 was passed by the Deputy Commissioner, Peren, who is the Collector of the said district, by which a compensation amount of Rs.1,25,65,500.00 was awarded and vide the said award, the Deputy Commissioner had apportioned an amount of Rs.95,65,500.00 to Kejanglwa Village and Rs.32,00,000.00 to Old Jalukie Village, i.e., the petitioner herein as well as the respondent No. 4. Being aggrieved by the award dtd. 21/4/2015, both the petitioner and the respondent No. 4 herein, submitted application under Sec. 12(1)(a) to the Deputy Commissioner praying for referring the matter to the Court. It further appears from the said order that the Deputy Commissioner, Peren did not make the reference for which two writ petitions, being WP (C) No. 81(K)/2015 and WP(C) No. 107 (K)/2015 were filed by both the petitioner and the respondent No. 4 praying for a direction to the Deputy Commissioner, Peren to refer the dispute relating to payment of compensation for the land measuring 3715.18 acres to the Court in terms of Sec. 12(1) of the Act, 1965. This Court, by the judgment and order dtd. 3/8/2015 disposed of the said two writ petitions directing the Deputy Commissioner, Peren to refer the matter in terms of Sec. 12(1) of the Act of 1965. Subsequent thereto, vide communication dtd. 27/4/2016, the Deputy Commissioner made a reference in terms with Sec. 12(1) of the Act and the terms of the said reference as stated in the said communication dtd. 27/4/2016 is quoted herein below:-

(3.) Vide the impugned order dtd. 8/5/2019, the Principal District and Sessions Judge, Dimapur, Nagaland had held that as the reference case is in a reference made under Sec. 12(1) of the Act of 1965, which is still in force and as such, the prayer made by the parties for assessment of the compensation in terms with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as the Act of 2013) is beyond the scope of terms of reference made to the Court and the parties were given the liberty to approach the appropriate forum for enforcement of the Act of 2013, if so advised. It is against the said direction made in the order dtd. 8/5/2019, that the petitioner is before this Court under Article 227 of the Constitution of India.