HC issues interim order for maintenance of status quo
Kohima, May 25 (MExN): A writ petition has been filled before the Gauhati High Court Kohima Bench alleging encroachment of "patta land" by Army personnel of 121 INF BN (TA) by two residents of Westward Colony, Dimapur.
As per an order issued by Justice Kakheto Sema on May 25, the petitioners approached the Court claiming ownership of lands located in Block No. 7, Mouza No. 2, Dimapur and they have “been peacefully residing on the land for the past 12 years.”
However, in the first week of May, the Army personnel “without giving any prior notice, encroached into the patta land of the petitioners and threatened to de-possess them by erecting boundary fencing within their land,” the petition alleged.
The Army personnel further insisted the petitioners to produce No Objection Certificate (NOC) from the Revenue authority which the petitioners obtained on May 9.
However, not being satisfied with the NOC, the Army personnel continued to “disturb their peaceful occupation of the land,” the petitioners maintained.
The petitioners further informed that they made a joint representation to the Deputy Commissioner, Dimapur to “restrain the Army authorities from carrying out any illegal encroachment on the land of the petitioners” on May 13.
However, with no action by the authorities, the petitioners are before this Court.
The Court listing the matter for hearing after four weeks, issued notices to the respondents - State Of Nagaland through The Chief Secretary, Deputy Commissioner Dimapur and Commanding Officer 121 INF BN (TN) GARH RIF, Dimapur, returnable within the next date of hearing.
In the meantime, the Court in its interim order, directed for maintenance of ‘status quo’ on the land belonging to the petitioners till the next returnable text.
