REPASOSANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Tali Ao, learned counsel for the petitioner and also heard Ms. V. Suokhrie, learned Additional AG for the respondent Nos. 1 to 3 and Mr. Z. N. Ngullie, learned CGC for respondent Nos. 6 to 9.

(2.) By filing this writ petition, the petitioner has challenged the impugned order dtd. 27/2/2017 passed by the Deputy Commissioner, Dimapur by which the petitioner's application claiming solatium and interest in land compensation dtd. 14/7/2016 has been dismissed by holding that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short RFCTLARR Act, 2013) is not applicable in the State of Nagaland as the Legislative Assembly of Nagaland has not taken any decision with regard to the RFCTLARR Act, 2013 in terms of Article 371A (iv) of the Constitution of India. The petitioner has also prayed for a direction to the respondent authorities to grant solatium and interest to the compensation amount under Sec. 30(1) (3) of the RFCTLARR Act, 2013.

(3.) The facts of the case, shorn of unnecessary details, are that in the year 2009-10, the Deputy Commissioner, Dimapur initiated acquisition of land of 43 persons measuring 14.21 Acres including petitioner's land situated under Ward-12 of Dimapur Municipal Council for the use of CRPF Transit Camp at Dimapur Town which is in CRPF occupation since 1987. Part of the land measuring 25 bighas was the patta land of the petitioner's father which he has inherited the ownership which was initially used for jhum cultivation and during the course of time converted to permanent farming and domestic animals breeding farm. Due to assignment of wrong Dag number some private individuals claimed right over the land for which the petitioner instituted a suit which has been decreed in favour of him in 1992. Though initially it was of 25 bighas, the final corrected land patta in terms of the decree issued to the petitioner in the year 2010 was for an area of 16 bighas only.