JUDGMENT :

Songkhupchung Serto, J.

1. 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:

Vide Order No. CNR-5/6/99(Pt-II)/116, dated 30.11.2019, the Commissioner, Nagaland cancelled the allotment of land under Dag No. 79(97) at Ekaranipathar, Dimapur granted vide Order No. VLS-5/86-D/1500-02, dated 11.05.2004 in favour of Shri Atoshe S/o Shri Viniho. The order reads as follows:

“GOVERNMENT of NAGALAND

OFFICE of THE COMMISSIONER

NAGALAND: KOHIMA

No. CNR-5/6/99(Pt-II)/1116

Dated, Kohima the 30th November 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 and 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 documents 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 and Jamabhandi 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 and 40 situated at Diphuphar village. I am therefore constrained to view that Shri Atoshe and the other 22 (Twenty Two) individuals are in illegal possession of the land at Dag No. 38 and 40, w