ZUCHIBENI LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioners who are thirty (30) in all have approached this Court under Article 226 of the Constitution impugned order of cancellation of settlement of land issued to the petitioners by Deputy Commissioner, Wokha, on 10/09/1992 consequent on receipt of W/T Message from the Chief Secretary dated 4-9-1992.

(2.) The petitioners are stated to be landless persons. They applied for allotment of lands in their favour in Wokha Town. The Assistant Town Planner was requested by S.D.O. Wokha for site clearance so as to enable the authority to recommend the cases of the petitioners for settlement. The Assistant Town Planner wrote to the Deputy Commissioner regarding clearance certificates. It was stated that he had verified and checked the available lands in the Town and he duly certified that the lands thus spotted/verified by him were free from encumbrances. Different plots were located in different colonies of the Town.

(3.) On 7/05/1992, Land Settlement Board of Wokha District held a meeting for consideration of various applications for allotment of land. It is stated that at the relevant time when applications were made to the authority, there were no standardised application forms available with the authority at Wokha. The land settlement board recommended cases of thirty six (36) applicants including those of the present petitioners.