H. S. THANGKHIEW
Etarson A. Sangma – Appellant
Versus
G. H. A. D. C – Respondent
JUDGMENT
1. Heard Mr. P.T. Sangma, learned counsel for the petitioner and Mr. S. Dey, learned counsel for the respondent Nos. 1-3, Mr. P. Yobin, learned counsel for the respondent No. 5.
2. The petitioners are before this Court assailing the order dated 17.03.2017, passed by the Chief Executive Member, whereby an order dated 23.08.2016 passed by the Executive Member I/C Land and Revenue, G.H.A.D.C against Case No. Rev.7/A/C of 2015 has been upheld.
3. Apart from the grievance of the petitioners and their claims to be the daughter and son-in-law of the last recorded Nokma and as such entitled to be notified as Nokma, what can be seen from the materials before this Court is that, this instant matter was the subject of earlier writ proceedings namely WP(C) No. 35 of 2014. This Court by order dated 09.02.2015, while disposing of the said writ petition at Paragraphs- 5 and 6, had directed as follows:
'5. On perusal of the proceeding of District GHADC-REV. No. 9 A.C. of 2013 before the Executive Member, I/C Land and Revenue, GHADC and also the proceeding of GDC-REV/Appeal No. 33 A/C of 2013 before the Chief Executive Member, GHADC, Tura, it is clear that the parties had not had opportunity o
The main legal point established is the importance of parties having the opportunity to produce evidence and matters being decided in accordance with law.
The central legal point established in the judgment is the requirement for adherence to fundamental principles of judicial procedure, including framing of issues, recording of evidence, and hearing o....
The judgment establishes the importance of historical documents and evidence in determining Nokmaship claims, while also emphasizing the jurisdictional validity of historical orders and their relevan....
The court upheld the rights of the petitioner for life and allowed the respondent No. 4 to occupy the office of Nokma thereafter, based on the lack of challenge to the consensus order and the materia....
State's delayed challenge to the land grant lacks merit as no substantiating evidence was presented, affirming the integrity of rights established over decades.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The main legal point established in the judgment is that an appeal filed against a deceased person is not maintainable and is a nullity. The court also emphasized the importance of due diligence and ....
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
The legal principle established is that the transfer of land by 'Sada Hukumnama' and long possession by the transferee can confer valid title, and that restoration cases may be barred by res-judicata....
A quasi-judicial order must be communicated to affected parties to be valid; failure to do so renders the order unenforceable.
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