SAKSHI VILLAGE COUNCIL Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In this case after Rule was issued on 17-4-95 Government was given sufficient time to file counter as it was felt that counter affidavit would be necessary. At the same time Government was directed to produce all relevant files/documents pertaining to the creation of E.A.C. Headquarters at Sakshi village in Longleng Sub-Division of Tuensang District. This Court again expressed its anxiety on 18-8-95 in hearing this matter in the absence of any Government affidavit. On that date learned senior Government Advocate stated before the Court that he had duly informed the Home Commissioner and he had requested the Home Commissioner to give instruction. Further it was stated by Mr. I. Jamir that he even met the Home Commissioner personally in connection with this case. Home Commissioner was directed to produce relevant records on 14th September, 1995. The order passed by this Court on 14-9-95 is extracted :

(2.) Being aware of the delicate nature of the case I have allowed adequate time to the State Government to assist this Court by filing affidavit and by making available all relevant records/documents pertaining to the present case. It is most unfortunate that in spite of several orders the Deputy Commissioner, Tuensang has not cared to file counter affidavit. Merit of each case will depend upon the facts and circumstances of each case. However, Government is expected of rendering every possible assistance to the Court in order to enable this Court to arrive at reasonable conclusions.

(3.) This writ petition is directed against the non-implementation of a Cabinet decision taken on 13-3-1992 for establishment of E.A.C. Headquarters at Sakshi village. The relevant decision as recorded in the Cabinet Minutes vide Item 4 dated 13-3-92 is as follows :- "