Gives last opportunity to all parties to present their case
Morung Express News
Dimapur | December 14
The Supreme Court has flayed the Nagaland State Government's handling of the issue concerning Old Jalukie Village and Kakiho Village.
The matter was heard for quite some time, and the issue in question appears to have been pending since 2009, noted the two-judge bench of the apex Court comprising Justices JB Pardiwala and R Mahadevan on December 3.
“Unfortunately, the State Government has not been able to take any final decision on whether to grant the necessary recognition as prayed for by Kakiho Village,” it observed.
The bench further noted that it had reviewed three reports filed by the State Government, dated May 3, 2017; August 8, 2019; and the latest on January 22, 2024. However, the State Government has seemingly failed to resolve the situation and bring an end to the litigation, the bench held.
The bench also pointed out that the petitioner, Old Jalukie Village, through its council, has raised multiple objections to granting recognition to Kakiho Village. “We tried our best to understand from the learned counsel appearing for the parties the nature of the objections. Nothing is emerging from the record as to what the good reason is for the petitioner to object,” it added.
The High Court's order dated October 7, 2015, which is currently being challenged in the Supreme Court, had "clearly observed that the inter-district boundary dispute has nothing to do with the recognition of Kakiho Village," it stated.
Accordingly, the bench expressed its view that the issue should now be resolved at the earliest. “Before we proceed to pass the final order, we would like to give one chance to all the parties to make good their case,” it added.
Listing the matter for further hearing on January 7, 2025, the bench directed the heads of the Old Jalukie Village Council and Kakiho Village Council to be personally present during the next hearing.
The Chief Secretary of the State of Nagaland, along with the Home Commissioner, was also directed to make personal appearances and apprise the bench of the steps the State intends to take to resolve the dispute.
“We make it clear that if something is worked out amicably, then well and good; otherwise, we shall proceed to pass an appropriate order directing the State Government to implement the order passed by the High Court,” the bench stated.
Granting four weeks' time to all parties, the bench concluded, "We expect them to put forward a concrete solution to the problem." The Court was hearing the Special Leave to Appeal (C) challenging the final judgment and order dated 07-10-2015 in WA No. 6/2015 passed by the Gauhati High Court.
