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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Budi Habung
Kiyeshe Zhimomi R/o Sheyipu Village – Appellant
Versus
State Of Nagaland – Respondent
Judgment and Order :
Heard Mr. A. Zhimomi, learned counsel for the petitioner. I have also heard Mr. E. Thiba Phom, learned Government Advocate for the respondent Nos. 1 to 4, and Mr. Y.P. Gupta, learned counsel for the respondent No. 5.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner seeks the following directions to the respondents:
a. To acquire the plot/land of the petitioner in accordance with the provisions of the Nagaland (Requisition and Acquisition) Act, 1965;and
b. To pay the petitioner rent for his plot/land from 1979 to date, with interest.
3. The facts leading to the filing of this writ petition are that, sometime in 1979-80, due to emergent circumstances and at the request of the District Administration, the petitioner constructed 28 barracks for police personnel on his plot at Old Town, Zunheboto. Subsequently, a portion of the land was converted into a park.
4. However, the park was later relocated. The petitioner was informed that the land would be used by Bharat Sanchar Nigam Ltd. (BSNL) for setting up their office, which was said to be in the public interest. The petitioner was assured that arrangements would be made to hi
The State must follow statutory procedures for land acquisition; failure to do so renders the acquisition illegal and void ab initio.
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....
Failure to comply with statutory publication requirements and omit mandatory enquiry under Section 5(A) invalidated the land acquisition process.
Acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award has been made five years or more prior to the commencement of the Right to Fair Compensation and Transparency in....
Possession must remain with the landowner for an application under Section 48(1) of the Land Acquisition Act to be maintainable; erroneous inclusion of mortgaged land invalidates acquisition.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
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