PHUTOVI CHISHI Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. I. Longjem, learned counsel for the petitioners. Also heard Mrs. Lucy, learned Addl. Sr. Government Advocate appearing for the State respondents.

(2.) This writ petition is directed against the impugned individual Eviction orders all dated 1-4-2011 issued upon the petitioners by the Deputy Commissioner, Dimapur, Nagaland and the order dated 20-4-2011 whereby the mutation granted to the petitioners were cancelled with effect from the date of the issue of the order.

(3.) Mr. I. Longjem, learned counsel for the petitioners submits that the present suit land was under the occupation of one Smti. Jilaswar, prior to the formation of the Statehood of Nagaland. After formation of the State of Nagaland, an order dated 27-1-1977 was issued allowing settlement of the said plot of land measuring about 25B-04K-5Ls in favour of the said Smti. Jilaswar. Sometime in the year 1978, the Department of Public Health Engineering decided to set up a water supply project and requested the said Smti. Jilaswar to permit usage of a portion of her land for the same. The said request was consented to by Smti. Jilaswar. However, the project was abandoned and therefore the portion of land allowed to the PHED was taken back of Smti. Jilaswar. In 1981, the present petitioners occupied the land of the said Smti. Jilaswar as tenants by way of payment of rent in the suit land covered by Dag No. 344.