A view of Tuli Railway Station in Mokokchung district, built on land taken for the Amguri–Tuli railway line. On November 3, the Gauhati High Court’s Kohima Bench directed the authorities to complete the acquisition process and compensate the landowner for the eight-acre plot. (Morung/BAN File Photo)
Moa Jamir
Dimapur | November 8
The Gauhati High Court Kohima Bench has directed the authorities to acquire eight acres of land taken for the Amguri–Tuli railway line in Mokokchung district and pay compensation to the landowner, finding that the concerned authorities had failed to establish lawful acquisition or payment of compensation.
In a judgment dated November 3, Justice Robin Phukan directed the authorities to complete the acquisition and compensation process within three months, with 12% annual interest from the date possession was taken until payment.
The land, situated at Tuli, was taken for construction of the railway line, which was initiated in 1983 and completed in the 1990s. The petitioner contended that although the authorities had taken possession, only Rs 11,950 was paid in 1992 towards damage to standing crops, with no compensation for the land itself.
Thereafter, railway lines were laid by the authorities and railway station and staff quarters were constructed on the land of the petitioner, as per the judgement.
The Railway authorities maintained that sums of Rs 1,53,675 and Rs 1,57,000 had been paid in connection with the acquisition.
However, the Court noted that no records establishing payment of either amount to the petitioner had been produced. It also took note of the State Government’s affidavit categorically stating that neither the Railways nor the State had paid compensation to the petitioner. This was further supported by a letter dated September 1, 2022, from the then Additional Deputy Commissioner, Tuli.
The Court found that the respondents had failed to produce records showing that the land was acquired in accordance with the procedure prescribed under the Nagaland Land (Requisition and Acquisition) Act, 1965, or that compensation for the land had been paid.
The Railway authorities also argued that the claim was barred by delay and laches, as the landowner had approached the Court several decades after construction of the railway line. Rejecting this contention, the Court held that failure to acquire the land through due process and pay compensation constituted a continuing wrong.
Referring to Article 300A of the Constitution, which provides that no person shall be deprived of property except by authority of law, the Court directed the authorities to undertake acquisition in accordance with the 1965 Act, assess the compensation legally payable and make payment with 12% annual interest from the date possession was taken.
The exercise is to be completed within three months from receipt of a certified copy of the judgment.
Purana Bazar ‘B’ land dispute referred to civil court
In another land dispute, a Division Bench comprising Justices N. Unni Krishnan Nair and Nchumbemo Mozhui, in a judgment dated November 5, set aside an earlier judgment concerning disputed land at Purana Bazar ‘B’ village in Dimapur and directed the parties to approach a competent civil court for adjudication of their respective claims to right, title and interest.
The dispute involves competing claims over land covered by Dag No. 104, with one side relying on a patta issued by the district revenue authorities and the other on allotment records issued by the Village Council.
The Bench held that the dispute involved serious questions of fact concerning ownership and title, which required adjudication by a civil court.
It directed the parties to maintain status quo until the matter is decided by the competent court.
