NIHOKHU VILLAGE COUNCIL Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Longjem, learned counsel for the petitioners. Also heard Ms. V. Suokhrie, learned Addl. Sr. Government Advocate, and Mr. C. T. Jamir, learned counsel, appearing on behalf of the private respondents.

(2.) The case of the petitioners, as submitted by Mr. Longjem, learned counsel, is that, when the Government of Nagaland decided to shift the office of Circle Office at Pherima to Nihokhu, both in the district of Dimapur, there was need for land to construct and establish the new office. In response to the need, the villagers of Nihokhu village offered to donate the required land. Accordingly, vide letter, dated 26.09.1979, six elders of Nihokhu village conveyed the same to the ADC, Dimapur. After the land was gifted to the Government of Nagaland, the CO Headquarter was established at Nihokhu village on the land donated. Though the land was donated only for the purpose of establishing the office of CO and for future development, the EAC, Nihokhu, forgetting the very purpose for which the land was gifted and without following the rules of land allotment, issued in the form of Notification and Memoranda by the Government of Nagaland, from time to time, allotted a good portion of land from the donated land to various individuals including the private respondents. Therefore, the land allotment orders issued by the EAC in favour of different individuals, needs to be quashed and set aside and also to stop such rampant allotment of land from the donated land in future. The respondent particularly the EAC, Nihokhu, be stopped or restrained by an order or direction of this High Court.

(3.) Mr. Longjem, learned counsel for the petitioners, submitted that the purpose for which the land was donated by the villagers of Nihokhu village should not be violated by the State respondents as the land owners without taking anything in return had donated the same in public interest. Mr. Longjem, also referred to the various Memorandas, dated 22.12.1973, 15.9.1992, 02.02.1996, 10.06.1996, and 06.06.2008 and Notifications, dated 20.08.1979, 10.11.1993, and 21.05.2005 issued by the Government of Nagaland as guidelines in issuing allotment orders of Government land, to individuals. After referring to the above orders, he submitted that the EAC concerned has no power to issue such orders without the approval of the Government. Therefore, all the allotment orders issued by the EAC, Nihokhu, are illegal and they ought to be quashed and set aside. In support of his submissions, Mr. Longjem, has cited catena of judgments. The relevant portions of the judgments are given hereinbelow:-