The villagers' right to object to the government's use of donated land and the temporary nature of the land allotments were key legal principles established in the judgment.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Mr. Imti Longjem, learned counsel for the petitioners assisted by Ms. Lhousino and Mr. C.T. Jamir, learned senior counsel representing respondent Nos. 8 to 50, 52 to 54, 56 to 66, 71 to 78 and 80 to 90, assisted by Mr. I. Imchen, learned counsel as well as Ms. V. Suokhrie, learned Addl. Sr. Government Advocate for the State respondents.

2. This writ appeal is directed against the judgment and order dated 2.11.2017 passed in WP(C) No. 93(K)/2014. The petitioners who are appellants before this court are the Nihokhu Village Council, representing the Nihokhu Village, new land sub-division, District-Dimapur, Nagaland and represented by its Chairman, Mr. Ghoshuho Zhimomi. Shri Ahoto Zhimomi is the Head Gaon Bura of the Nihokhu Village, who is the petitioner-appellant No. 2.

3. The case projected by the appellants in the writ petition are at the Nihokhu Village was established 1919 as per Sumi customs and practices. The village is a Government recognised village and in terms of Nagaland Village Councils Act, 1978, the village has a duly constituted village council. The village falls under the Nihokhu EAC (Extra Assistant Commissioner) circle of the NIU land, sub-division under the district of Dimapur, Nagaland. There are about 473 households in the village and the population of the village is more than three thousand. 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 26.9.1979, six elders of Nihokhu village conveyed the same to the ADC, Dimapur. After the land was gifted to the Government of Nagaland, the CO headquarters 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 Memorandum 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.

4. As the land donated by the village for establishment of EAC office purposes, was used for the allotment of private individuals. The petitioners have filed the writ petition against the land allotment orders issued by the EAC and prayed for setting aside and quashing the said land allotment orders by the EAC and also to stop such rampant allotment of the said land in future.

5. The matter was heard by the learned Single Judge and the writ petition was disposed of with the following observations:

“7. In view of the admitted facts, I am in agreement with the learned counsels of the respondents that the villagers of Nihokhu village have abdicated their right to say anything on what the Government of Nagaland would do with the land. Secondly, regarding the requirement of obtaining approval of the State Government for Issuing allotment of government land to the individuals, it is the Government who should be coming forward to say so. The fact that its representatives have supported the allotment orders shows that the Government of Nagaland had either approved or has no objection on the allotment orders issued by the EAC, Nihokhu. Thirdly, the fact that both the petitioners are among the allottees, shows that the allotment orders were not issued against the will and wishes of the villagers of Nihokhu village. Therefore, the challenge against the allotment orders on those grounds, fails. Lastly but not the least, on perusal of the allotment orders, it appears that the allotments were issued on temporary basis, therefore, the Government of Nagaland has not totally given up those plots allotted to the individuals.

8. In view