DEVASHIS BARUAH
Nh-29 Landowners Union – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
Heard Mr. Taka Masa, the learned senior counsel assisted by Mr. Arenlong for the petitioners, Ms. V. Suokhrie, the learned Additional AG, Government of Nagaland appearing for the respondent Nos. 1, 3, 4, 6, 7 and 8. Also heard Mr. Z. Kulnu, the learned counsel appearing for respondent No. 2. None appears for respondent Nos. 5 and 9 although notice has been duly served.
2. 230 petitioners have joined together and have filed the instant writ petition challenging the actions of the respondent authorities, i.e. the State of Nagaland for illegally dispossessing them from their patta land and thereupon have also not paid any compensation in that regard. The brief facts of the instant case is that by an order No. REV-13/93-D dated 17.02.1995, issued by the Additional Deputy Commissioner, Dimapur, Nagaland it was directed to all villagers/residents from Purana Bazar to Chumukedima to submit the details of their establishment i.e. construction costs for their buildings/houses and other developments in their respective lands to the said Office within a period of one month for acquisition/compensation for the purpose of four-laning. It was also mentioned that failing which, claim for
State of Haryana Versus Mukesh Kumar reported in (2011) 10 SCC 404
Vidya Devi Versus State of Himachal Pradesh reported in (2020) 2 SCC 569
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
Forceful dispossession and use of private land for public purpose without following due process of law violates the constitutional right under Article 300A, and delay cannot negate the claim for comp....
The main legal point established in the judgment is the obligation to pay compensation and follow due process of law when acquiring property, as well as the need for rehabilitation of affected person....
The court affirmed that possession of land for public use requires legal authority and compensation, emphasizing that delay cannot bar just claims for compensation.
The State must follow legal procedures for land acquisition and cannot evade compensation obligations based on delay or laches.
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