Employment quotas based on land ownership are invalid when a government policy mandates acquisition strictly through monetary compensation and the governing agreement between the parties expressly waives any claim for employment opportunities as a condition of such land acquisition.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. C.T. Jamir, the learned Senior Counsel assisted by Mr. I. Imchen, the learned counsel appearing on behalf of the petitioner. Ms. Bichano Kithan, the learned Government Advocate appears on behalf of the respondent Nos. 1 to 4 and Mr. A. Zho, the learned counsel appears on behalf of the respondent No. 5.

2. The petitioner herein has approached this Court challenging the Approval Letter dated 13.03.2024 as well as the Appointment Order dated 15.03.2024 of the respondent No. 5 and sought for a direction upon the respondents to consider the case of the petitioner on land ownership basis in terms with the Notification dated 05.03.2018.

3. The brief facts of the instant case are that there was a Memorandum of Understanding (for short, “the MoU”) entered into by and between the landowners of Peren Village, New Peren Village and Kezanglwa Village wherein various resolutions were adopted, including a resolution that there shall be no claim of job/contract works as land owner quota after accepting the land compensation from the Government. It is very pertinent to take note of that the MoU was drawn on 03.07.2006.

4. Pursuant thereto, on 30.10.2009, the landowners of the 3 (three) Villages represented by their Chairman entered into an agreement with the Government of Nagaland represented by the Deputy Commissioner, Peren in respect to sale of 3,715.18 Acres of land. Out of the said land, an area of land admeasuring 510.62 Acres belonged to Kezanglwa Village. It was agreed to that the rate of compensation payable was Rs. 25,000/- per Acre, and the total compensation for 2,500 Acres was Rs. 6,25,00,000/-.

5. In the case of the Kezanglwa Village, the compensation was to be cleared on or before 31.03.2010. Clauses 3 and 4 of the agreement dated 30.10.2009, being relevant, is reproduced herein under:

“3. That the Purchaser shall pay the remaining amount i.e., Rs.30379500/- (Rupees Three crores three lakhs seventy nine thousand and five hundred) only for the remaining 1215.18 Acres out of which 510.62 acres belongs to Kezanglwa will be cleared in the second installment on or before 31^st March 2010 to the Vendors.

4. That, failure on the part of the purchaser to pay the second installment on or before 31^st March 2010, the purchaser shall pay the compensation at the present prevailing rate of Govt. of Nagaland to the land owner for the remaining areas of land i.e., 1215.18 Acres to the Vendors but in no case shall delay the payment beyond 2010-11 financial year.”

6. A perusal of the above quoted Clauses would reveal that the compensation in respect to the Kezanglwa village was to be paid on or before 31.03.2010 and if the same amount is not paid on or before 31.03.2010, the Government of Nagaland shall pay the compensation at the prevailing rate of Government of Nagaland to the land owner for the remaining areas of land and in no case there shall be a delay beyond 2010-11 financial year.

7. It is the case of the petitioner that the petitioner's village did not receive the compensation and as such, the various village members had written a letter to the Principal Secretary & Commissioner, Kohima for appointment to the post of Grade-IV. The Village Council had also written a letter to the Deputy Commissioner, Peren on 07.06.2022. The petitioner had also submitted an application on 21.02.2023 for appointment on land ownership basis.

8. It is the further case