Morung Express News
Dimapur | April 14
In a clear violation of the order of Gauhati High Court, Kohima bench, the Peren district administration appears to be acting arbitrarily with regard to the case Heralwa Village Council versus the State of Nagaland.
Members of the Heralwa Lui Council (HLC) in a press conference on Thursday alleged that despite the two orders of the High Court to maintain “status quo” with regard to the case, the deputy commissioner, Peren district, was willfully giving orders in favour of a particular party (village).
It may be mentioned earlier the HLC filed a case in the High Court relating to land dispute between Heralwa village and Peren village. According to HLC, Heralwa village located between Peren Village and Tesen Village was reportedly abandoned some five generations due to some external aggression. It was reported that before abandoning the village, Heralwa villagers in the old Naga traditional way presented an ox to Peren village and entrusted the latter the care of Heralwa village land till the Heralwa villagers returned.
“But now when we have returned to re-settle in the village, Peren villagers, the caretaker of our land are dishonouring the trust reposed on them and forcefully evicting us”, HLC told the media during a press conference earlier on June 26, 2015.
It may mentioned earlier the Kohima bench of Gauhati High Court in an order dated May 21, 2015, stated, “Till then, status quo as regards possession of the land in respect of Heralwa Village as claimed by the appellants shall be maintained.” Despite the order, HLC alleged that Peren villagers forcefully evicted Heralwa villagers on June 20, 2015.
HLC alleged that even the Deputy Commissioner of Peren district was biased as reflected in a “Restraint order” issued by DC Peren dated July 3, 2015, copies of which were furnished to the media.
“Consequent upon the Hon’ble Gauhati High Court W.A. No. 27 (IC) 2011 order dated 27th May 2015 both Haralwa Lui Council and Peren Village are directed to maintain status quo till such time the Hon’ble High Court issue further direction/order. The parties involved are also directed to restraint themselves from any further works/activities in the disputed areas”, stated the DC Peren “Restraint order.”
“The restraint order of the DC Peren was clearly in contravention of the High Court order and against the interest of Heralwa village. We again appealed the High Court on and also filed contempt of court against DC Peren for open defiance of the court order. Subsequently, the High Court passed another order on October 7, 2015”, HLC informed.
“At this stage, it may not be possible to ascertain the correctness or otherwise of the complaint made but nonetheless, we make it abundantly clear that the deputy commissioner, Peren, shall ensure that status quo order passed by this court on 21-05-2015 should be maintained till the case is finally disposed of. Deputy Commissioner, Peren, shall ensure that no incident of violence or intimation (sic) of any kind takes place in the meantime. Violation of the status quo shall be viewed seriously by the Court”, the High Court in its order dated October 7, 2015, stated.
“Despite the two clear standing orders of the High Court, police personnel accompanied by three DBs under the order of DC Peren on April 12 last around 11.30 p.m. came to the outskirt of Heralwa village and razed down one of our huts”, HLC alleged.
In the latest incident, HLC sources alleged that on Thursday evening, police and DBs under directive of district administration came and damaged all their huts and detained around seven of Heralwa villagers at Jalukie Police Station.
“Now HLC is ready to file an FIR against the DC Peren for violation of court order. Instead of protecting villagers who are obeying the court order, the DC is siding with those defying the court order. We also demand to know whether the three DBs of Peren (head DB Lungrai, Abam and Heiziedi) are acting on their own personal interest or on behest of the district administration”, HLC said.
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