VIKA ZHIMOMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) All these writ petitions being analogous, which have put to challenge an order dtd. 19/12/2019, passed by the learned Upa Lokayukta , Nagaland, followed by an order dtd. 17/9/2020, passed by the concerned Public Works Department, these are taken up for analogous hearing and are disposed of by this common judgment and order.

(2.) Before going to the issue which has arisen for determination, it would be convenient to narrate the facts of the case. However, since the challenge is structured mainly on the point of law, this Court may not be required to record the facts in detail of each of the cases.

(3.) The petitioners in these cases are the beneficiaries of certain actions of the Public Works Department pertaining to certain quarters in the area commonly known as PWD colony in Dimapur. It is the contention of the petitioners that the quarters were constructed long back in the year 1968-1969 and were in a dilapidated condition. Under those circumstances, the Department had taken a conscious decision for dismantling the buildings. Accordingly, the salvaged materials were put to auction in which the petitioners were the auction purchasers. The consideration paid to the Department has also been demonstrated by way of necessary receipts. In some petitions, the petitioners were also allotted the land on which the quarter stood where they claim to have made constructions and are residing there with their families.