Morung Express News
Kohima | August 31
The Gauhati High Court’s Kohima Bench on August 31 directed the Nagaland authorities to ascertain the exact extent of land occupied by the Assam Rifles at C-Khel, Tuensang Village, and initiate the process for its lawful regularisation, including acquisition and execution of a fresh lease, as applicable.
The direction came in a writ petition filed by 84 landowners claiming that 289 acres of their private land had been occupied by the Assam Rifles since 1957 for the establishment of a Battalion Key Location Plan without acquisition through due process.
It was further contended that the petitioners had received neither compensation nor rent, alleging violation of Articles 21 and 300A of the Constitution.
The Union respondents did not dispute the Assam Rifles’ occupation since 1957, but maintained that the erstwhile NEFA (North-East Frontier Agency) Administration had paid Rs 90,000 towards the cost of the land to the Deputy Commissioner, Tuensang, in 1962.
They also relied on a 2014 joint survey, which recorded the actual occupation at 242.280 acres, and sought regularisation and mutation of the land in favour of the Assam Rifles.
The Nagaland State respondents, however, described the Rs 90,000 as a temporary occupation fee and submitted that there was no record of lawful acquisition. They maintained that continued occupation without a valid lease or renewal was impermissible.
The petitioners also denied receiving the Rs 90,000. The Court noted discrepancies over the occupied area, with the petitioners claiming 289 acres, the Union respondents 242.280 acres and the State respondents 239.5 acres. It also noted the need to establish whether the Rs 90,000 acknowledged by the Deputy Commissioner had actually been disbursed to the landowners.
After hearing the submissions, Justice Robin Phukan directed the DC Tuensang, along with the other State authorities, to conduct a fresh survey in the presence of all stakeholders, using modern technology, to determine the exact area occupied.
After ascertaining the area, the authorities were directed to initiate the proper acquisition procedure and execute a fresh lease, as applicable, on payment of a premium equivalent to the land compensation based on the current market price.
The Deputy Commissioner was also directed to verify whether the Rs 90,000 was disbursed to the petitioners. If unpaid, it is to be paid along with the compensation; if already paid, it is to be adjusted against the final compensation.
Pending ascertainment and payment of compensation, the petitioners are also to be paid legally due rent, with arrears from 1957. The entire exercise is to be completed within three months of receipt of a certified copy of the order.
Meanwhile, in a writ petition heard on August 25, Justice Phukan issued notice to the respondents on a petition concerning 26.42 acres of land at Naginimora in Mon district, which the two petitioners claimed had remained under Assam Rifles’ occupation since 1960 without lawful acquisition or payment of rent.
The Court directed the matter to be listed after four weeks.
Key Directions of the High Court Judgment |
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