DEPUTY COMMISSIONER, DISTRICT LOWER SUBANSIRI Vs. KAGO YASSUNG

JUDGEMENT

(1.) Heard Mr. S. Tapin, learned Senior Government Advocate for the State/petitioners. Also heard Mr. K. Taja, learned counsel for the respondent.

(2.) This is an application under Sec. 115 of the Code of Civil Procedure against the order dtd. 18/2/2019, passed by the learned Civil Judge (Senior Division) Lower Subansiri District, Ziro in Misc. Case No. 50/2018, arising out of Money Suit No. 02/2016.

(3.) The contention of the State/petitioners is that in the year 1952, the land called "Ziro Putu" was donated by the local people of Ziro for the purpose of establishing the government establishment and since then, the same has been under the possession and use of the government. In regards to ownership of the said land, the dispute arose in the year 2000 which led to a litigation between Old Ziro Bazar Committee and Taso Kago and Lalyang clan. Finally, vide order dtd. 18/10/2002, the said land has been declared to be a government land and the claims of the Old Ziro Bazar Committee and Tazo Kago and Lalyang clan were rejected. But, in the year 2013, the plaintiff/respondent Smti Kago Yassung encroached over the said government land by way of erecting Ordinary Bamboo Type structures within the premises of switchyard area (Ziro Putu). Accordingly, the Show Cause Notice dtd. 29/8/2013 was issued to her as to why her structures shall not be demolished. But, in spite of receiving the Show Cause Notice, she did not submit her reply and therefore, another Notice dtd. 16/1/2014 was issued directing her to appear before the Additional Deputy Commissioner cum Estate Officer, Ziro on 31/1/2014. But, on failure to satisfy on the part of the respondent over her encroachment, a Final Order dtd. 24/1/2014 was issued by Additional Deputy Commissioner cum Estate Officer directing Smti Kago Yassung/respondent, along with other similarly situated persons, to remove their structures within 31/12/2014. But, in spite of the said order, she did not remove her structure and hence, the eviction was carried out by the Additional Deputy Commissioner cum Estate Officer on 13/7/2015. But the plaintiff/respondent neither preferred any appeal against the order dtd. 24/11/2014 and thus, the eviction order attained finality. However, after eviction, the plaintiff/respondent filed a Money Suit, being Money Suit No. 02/2016, before the learned Civil Judge (Senior Division), Lower Subansiri District, Ziro claiming compensation for illegal eviction against her properties.