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J. B. PARDIWALA, R. MAHADEVAN
Old Jalukai Village Council – Appellant
Versus
Kakiho Village – Respondent
| Table of Content |
|---|
| 1. issue of village recognition parameters and compliance with customary laws. (Para 1) |
| 2. recognition process for new villages in nagaland. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. arguments on recognition of kakiho village. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. respondents defend recognition against objections. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. state supports recognition process after boundary resolution. (Para 34) |
| 6. discussion on boundary dispute implications for recognition. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61) |
| 7. recommendations for administrative action by the state. (Para 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70) |
| 8. court mandates recognition process for kakiho village. (Para 71 , 72 , 73) |
JUDGMENT :
For the convenience of exposition, this judgment is divided into the following parts:
1. Leave granted.
(A) FACTUAL MATRIX
4. The aforesaid custom is said to have been recognized in the O.M. dated 22.03.1996 issued by the State of Nagaland which lays down several criteria for the recognition of villages. The relevant portions of the same rea
Recognition of villages in Nagaland requires adherence to established customary practices, necessitating 'No Objection Certificates' and compliance with the prescribed procedures outlined in the rele....
The selection of Village Council Members must comply with customary practices and the Nagaland Village Councils Act, ensuring fair representation of all clans regardless of household numbers.
When a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or ....
The RFCTLARR Act, 2013 is not applicable in Nagaland unless adopted by the state legislative assembly, as per Article 371A of the Constitution, which provides special provisions regarding land owners....
Only civil courts have jurisdiction to determine ownership and rights over land, while administrative authorities must adhere to the statutory framework, as established in this case.
cow-herding - Claim of rights in land - a person who has for the last three generations resided in the forest land and depend on the forest for their bonafide livelihood needs - a person who has for ....
The main legal point established in the judgment is that the replacement of a selected Village Council Member must be based on statutory grounds and due process, as provided in the Nagaland Village C....
The declaration of Hamlet Nuagaon as a separate revenue village was upheld as compliant with legal requirements, affirming the principles of natural justice were not breached.
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