KAKIHO VILLAGE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) KAKIHO Village/petitioner's No. 1 village was established on 01 -09 -2007 in accordance with the customs and traditions of the Sumi Tribe. Thereafter, an application was submitted to the State respondents for recognition of the petitioner's village on 24 -03 -2009. Pursuant to such application, the process for recognition of the petitioner's village started by way of survey. The said survey report was submitted on 10 -09 -2009. As per the criteria/conditions for recognition of the new village in Nagaland issued by the State Government vide Office Memoranda dated 23 -03 -1996 and 01 -10 -2005, no objection certificates were issued by the neighboring village councils of Ghowoto village and K. Xekiye village. As no objections were received, the Office of the Deputy Commissioner, Dimapur submitted its recommendation to the Commissioner, Nagaland for recognition of the petitioner's village as the required criteria for recognition of new village in Nagaland has been found to be fulfilled. Accordingly, the Office of the Commissioner, Nagaland submitted a proposal to the Home Commissioner, Nagaland for recognition of the petitioner's village. A Cabinet Memorandum was also placed before the Cabinet and the Cabinet by its decision taken on 14 -12 -2011 had approved the proposal of the Home Department for recognition of the petitioner village subject to joint verification to be done by the Deputy Commissioner, Dimapur and the Deputy Commissioner, Peren under the supervision of the Commissioner, Nagaland. Such verification was also carried out by the respective Deputy Commissioners of Dimapur and Peren Districts and a report was also submitted to the State Government to that effect. Thereafter, the recognition of the petitioner's village has been kept in abeyance by the State respondents on the ground that the recognition of the petitioner's village cannot be given till the inter -district boundary dispute between the Dimapur district and Peren district is settled. Being aggrieved by the decision of the State respondents, the petitioner's village is before this Court seeking redressal of their grievances.

(2.) HEARD Mr. A. Zhimimi, learned counsel appearing for the petitioners as well as Ms. Vilika Chishi, learned Government Advocate appearing for the State respondents.

(3.) MR . A. Zhimomi, learned counsel for the petitioners submits that the criteria for recognition of the new village has been laid down under the Office Memoranda dated 22 -03 -1996 and 01 -10 -2005 and as required under the said O.M's, no objection certificates were issued by the neighboring village councils and there being no objection from any quarter, the process for recognition of the petitioner's village started. The survey was conducted and report was also submitted on 10 -09 - 2009. Thereafter, after completing all process, the matter was put up before the Cabinet wherein the Cabinet had also given its approval subject to verification by the Deputy Commissioner of the respective district i.e Dimapur and Peren District. Such verification report was also furnished to the Office of the Commissioner, Nagaland by the respective Deputy Commissioner. On the basis of such report, the matter was placed before the Home Commissioner, Nagaland. However, recognition of the petitioner village has been stalled only on the ground that till inter -district boundary dispute is settled, recognition cannot be granted to the petitioner village. He submits that when the criteria laid down under the O.M's issued by the Government has been fulfilled by the petitioner's village, the ground taken by the State respondents that till inter -district boundary between Dimapur and Peren is settled no recognition can be given to the petitioner's village is unfounded. He also submits that other villages neighboring the district of Dimapur and Peren were already given recognition by the State respondents. To this issue, learned counsel for the petitioners draws the attention of this Court to the Notification dated 29 -05 -1996 wherein, recognition of two villages i.e K. Xekiye village under Dimapur Sub -Division and Shikavi village under Dimapur Sub -Division were given recognition. He further submits that by a recent Notification dated 28 -01 -2014, Khiamnok Village under Dimapur District has been given recognition by the State respondents. The aforesaid villages are also located in the same area with that of the petitioner's village. He further submits that when other villages can be granted recognition, there was no impediment on the part of the State respondents to grant recognition to the petitioner's village. Further submission has been made by the learned counsel for the petitioners that after the cabinet has given its approval for recognition of the petitioner's village subject to verification by the Deputy Commissioner of Dimapur and Peren Districts and such verification as directed by the Cabinet having been completed, the State respondents could not have stalled the recognition of the petitioner village. He, therefore, submits that a direction be given to the State respondents to forthwith give recognition to the petitioner's village inasmuch as, all formalities have been fulfilled as laid down by the O.M dated 22 -03 -1996 and 01 -10 -2005.