AKITOVILLAGE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The legitimacy of the decision making process of the Respondents as regards the recognition of village is the subject matter of this Writ Proceeding.

(2.) A village in Nagaland still plays a most significant and dominating role in the State system. The entire system of life in this area is more or less regulated in the village, based on the age-old custom of the Tribe or Tribes. A Naga village is more or less homogenous village constituted of indigenous inhabitants only. The G.B. or the village Chief wield powers and discharges responsibility and function of a Constitutional Head of the village in the matter of village administration. In view of the importance of the subject executive authority at all relevant time while according sanction in establishment of village used to follow certain norms and standard since the initiation of the village system. With the increase of the population and migration, the demand for establishment and constitution of villages added up to the concern of the State Administration. The State Government constituted high level committee to evolve common criteria of the villages. The recommendation of high level committee obtained the approval of the State Government and accordingly the Government promulgated its policy vide its memo No. GAB- 13/17/83 dated Kohima the 20th July, 1987. The conditions for recognition of villages are reproduced below:

(3.) The materials facts giving rise to the Writ Petition is being dealt herein below keeping in mind the objective of the policy mentioned above. Akito village is the Petitioner before this Court and the village composed of the Sema Naga Tribe of Nagaland represented by the Head G.B. Mr. Jhezhe Zhimomi. The petitioner claimed that the village was founded and established in the year 1990 in accordance with the Sema custom. The village comprised of 29 house holds with total population of 154 and since the inception of the village the members of the village paying house tax to the Government of Nagaland. On establishment of the village, application was made before the Additional Deputy Commissioner, Niuland, for recognition of the village.The said Additional Deputy Commissioner, Niuland, Sub-Division, Nagaland forwarded the application of the petitioner to the deputy Commissioner, Kohima vide letter No. Gen/90/753 dated 10.8.90 for further action. While recommending the case of the petitioner the Additional Deputy Commissioner observed that ' the village consisted of about 27 Houses and to the best of his knowledge there was no land dispute with the neighbouring villages and the land consisted more than 500 Acres'. The Deputy Commissioner in turn by his letter dated 29th September, 1990 sought for certain clarification. The Additional Deputy Commissioner Niuland, Nagaland vide letter bearing No. NL/REV/1/ 91 dated 30.8.91 clarified the matter in the following manner: "..1. Akito village has 2.7 tax paying households. 2. It has about 1000 acres of land both terrace and jhum fields. 3. It is bounded on the east by Vishiyi village on the west by phuboto village and on the east by Lukuto village and on the south by Shitoi village. One Assam Forest road which starts from just near Zheuche BOP is passing across Akito village area to reach Lukuto BOP and beyond. There is no boundary dispute by any other neighbouring villages with Akito village. It may be stated that this Akito farm is having requisite characteristics to constitute as a village. It is, therefore, strongly recommended for recognition of Akito village at your earliest. Enclosed prescribed proforma duty filled in for favour of your necessary action... Thereafter the petitioner submitted another application in terms of memorandum Mo. GAB- 13/17/83 dated 23rd July, 1987. The Additional Deputy Commissioner, Niuland, Nagaland by his letter bearing No. NL/Gen/10/92/138 dated 29.4.93 forwarded the original application of the petitioner addressed to him along with copies of no objection certificate from neighbouring villages and a copy of rough sketch map for information and necessary action. The Additional Deputy Commissioner accordingly requested the Deputy Commissioner to forward the proposal to the Government to accord necessary recognition of the Akito village at an early date. The Government in due course processed the cases of number of villages including that of the petitioner and caused verification of the area where public demand for recognition of newly village exist through the concerned administrative officer. The cabinet memorandum dated 7th September, 1994 discloses that the verification was done inconformity with the criteria laid down by the Government and the necessiry clearance like Forest Department clearance, judicial Department's clearance and boundary demarcation clearance with the bordering village were duly verified. The Home Department, Govt. of Nagaland after examining the proposal forwarded and recommended by the concerned administrative officers found 20 villages which fulfilled the criteria laid down by the Govt. and approved each villages including that of the petitioner and accordingly submitted to the cabinet for approval and recognition of the villages concerned. The cabir et discussed and considered the proposal of the Home Department for recognition of the newly established villages after due deliberation and approved 13 villages out of proposal for approval of 20 villages. The cabinet also approved in principle the newly established villages in Dimapur and Niuland Sub-Divisions subject to the condition of verification of boundary by the Land Records and Survey Department for each village before any notification was issued.