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IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Songkhupchung Serto, J.
State Of Nagaland - Appellant
Versus
Vinoka Chishi - Respondent
Interlocutory Application (Civil) No. 83 of 2020
Decided On : 10-11-2020
Encroachment - Land Dispute - GAB-2/6/87, LR/2-21/88, LR/2-6/93, LR/2-20/84, LR/2-6/93, LR/2-6/93, LR/2-6/93 - The court discussed the illegal occupation of land acquired for airport expansion, cancellation of allotment orders, and eviction of encroachers. The key legal provisions discussed were the ban on allotment of government land without prior approval and the cancellation of illegal allotments.
Fact of the Case:
The case involved a dispute over the illegal occupation of land acquired for the expansion of Dimapur Airport. The Commissioner of Nagaland issued orders declaring the occupation as illegal and directing eviction.
Finding of the Court:
The court found that the occupation of the land by the petitioners was illegal and ordered the cancellation of allotment orders and eviction of encroachers.
Issues: The main issue was the legality of the occupation of the disputed land and the validity of the allotment orders.
Ratio Decidendi: The court held that the petitioners had a strong prima facie case for the land at Ekaranipathar but not for the land at Diphuphar. The balance of convenience favored the public interest in airport expansion, and no irreparable loss would be suffered by the petitioners.
Final Decision: The court modified the interim order to maintain status quo only for the land at Ekaranipathar and not for the land at Diphuphar.
JUDGMENT
Songkhupchung Serto, J. - Heard Mr. K.N Balgopal, learned Advocate General and Mr. T.B., learned Sr. Addl. Advocate General assisted by Ms. Nitya Nanbair and Ms. Visto Rio appearing for the applicant and also heard Mr. Joshua Sheqi, learned counsel appearing of the respondents No. 1 to 13/petitioners in the writ petition and Mr. Limawapang, learned counsel appearing on behalf of the respondent No.14 in the I.A who is respondent No.6 in the writ petition.
2. This is an I.A praying for modification and/or alteration of the interim order dated 08.01.2020, passed in W.P.(C) No. 7(K)/2020 and the subsequent orders which were also passed by this Court extending the interim order to the extent that the status quo order is confined only to the lands situated at Ekaranipathar Village which are claimed by the respondents/writ petitioners as their lands.
3. From the submissions of the learned counsels appearing for the parties, the facts which led to the filing of this I.A briefly stated, are as follows;
GOVERNMENT OF NAGALAND |
OFFICE OF THE COMMISSIONER |
NAGALAND: KOHIMA |
| No. CNR-5/6/99(Pt-II)/1116 |
Dated, Kohima the 30th Nov. 2019 |
ORDER |
A Complaint has been received by this Office to the effect that Shri. Atoshe, S/o. Shri. Viniho has been in illegal occupation of land that has been acquired by the Government of Nagaland for expansion of Dimapur Airport at Diphuphar Village, Dimapur, Nagaland. The land in question pertains to Dag No. 38 & 40 of Diphuphar Village. |
Based on the complaint, cognizance was taken and summon issued on two occasions. On 12-09-2018, Shri. Atoshe along with 22(twenty two) transferees were summoned to appear along with their supporting documents. However, they failed to take notice of summon and appear. Therefore, another summon was issued on 16-11-2019, directing the concerned parties to make appearance along with their supporting documents on 26-11-2019 at 1100 hours. The summon further provides that on failure to make appearance, the hearing would be conducted ex-parte. |
On 26-11-2019, Shir. Atoshe represented by Shri. Luckson Sumi along with 16 transferees and the Govt. Stakeholders were present |
Arguments and counter arguments were heard. Documents relied by the Govt. Stakeholder and the private individuals were carefully scrutinized |
Heard and satisfied. On the argument led by the individuals, it is found that the main point of contention was that Shri. Atoshe had illegally encroached the land that has been acquired by the Government of Nagaland for expansion of Dimapur Airport. Thereafter, without any lawful title or possession, Shri. Atoshe transferred the land by way of gift/sale to 22(Twenty Two) other individuals. |
I have carefully perused the document s relied by the parties and it is found that the purported allotment bearing No. VLS-5/86- D/1500-02 dated; 11/05/2004 pertains to a land located at Ekaranipathar. Nowhere, it is found that the aforementioned allotment was in respect of land situated at Diphuphar. The records further reveals that in the Chitha andJamabhandi record, it has been entered as Dag 97 measuring an area of 47B-02L-08Ks which has been further illegally mutated to the 22 (twenty two) individuals at Ekaranipathar. Assuming but not admitting, even if the purported allotment was proper, I see no reason as to how Shri. Atoshe or the other 22 (twenty two) transferees came into possession of the land at Dag No. 38 & 40 situated at Diphuphar village. I am thereforeconstrained to view that Shri. Atoshe and the other 22 (Twenty Two) individuals are in illegal possession of the land at Dag No. 38 &40, which has been acquired for expansion of Dimapur Airport. |
Further, I have observed that the purported allotment granted to Shri. Atoshe S/o Shri. Viniho bearing No. VLS-5/86-D/1500-02 dated: 11/05/2004, for an area of 27B-02K-08Ls at Dag No. 79 but recorded as an area of 47B-02L-08Ks at Dag No. 97, Ekaranipathar in the Chitha and Jamabhandi record suffers from various anomalies. A close reading of the p |
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