DIMAPUR, MAY 18: The Kohima Bench of Gauhati High Court on Thursday gave Nagaland Government’s Counsel three weeks to seek necessary instruction in connection with an eviction notice served to Dr. Toshimanen Ozukum, a former officer in the Department of Urban Development.
“Ms. Supong Chang, submitting on behalf of her senior Mr. Imti Imsong, learned Counsel for the respondents, prays for three weeks time for seeking necessary instruction. Mr. L Iralu, learned Counsel for the petitioner, does not object to the same, hence, the prayer is allowed.
“Let this matter be fixed after three weeks. In the meanwhile, the interim order shall continue”, stated an order issued by Justice Mridul Kumar Kalita.
The case pertains to a writ petition filed by Dr. Toshimanen Ozukum against the State of Nagaland represented by Commissioner and Secretary to Urban Development; Director of Urban Development; Commissioner of Nagaland; Deputy Commissioner of Kohima; and First Class Magistrate in the office of Deputy Commissioner of Kohima.
When it was first heard on October 31 last year, the Court was told that the petitioner had bought two plots of land in 1988 at Lower Chandmari, Kohima.
According to Court records, the petitioner submitted that a Government Quarter allegedly belonging to the Directorate of Urban Development stood on the land he had purchased.
“It is the case of the petitioner that he has been residing on the land purchased. On September 18, 2020, the First Class Magistrate in the office of the Deputy Commissioner, Kohima, Nagaland, has issued a notice under Section 5 (1) of the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act, 1971 against the petitioner for illegal occupation of the Government Quarter No CH/TP-1 belonging to the Directorate of Urban Development, Nagaland, Kohima. The petitioner by the letter dated September 30, 2020 replied to the notice dated September 18, 2020.
“However, despite the reply submitted by the petitioner, the First Class Magistrate in the office of the Deputy Commissioner, Kohima, Nagaland, by the Eviction Notice dated March 17, 2021 directed the petitioner to vacate the Government Quarter within 14 days from the date of receipt of the order failing which, the petitioner was informed that he will be evicted by using necessary force”, it stated.
Against the fresh Eviction Notice, the petitioner submitted an appeal under Section 12 of the Nagaland Eviction of Persons in Unauthorised Occupation of Public Land Act, 1971 to the Commissioner of Nagaland on April 1, 2021.
“However, the appeal filed by the petitioner was dismissed by the Commissioner, Government of Nagaland, Kohima, by an order dated July 8, 2022. Subsequent thereto, the Eviction Notice dated October 19, 2022 has been issued by the First Class Magistrate in the office of the Deputy Commissioner, Kohima, Nagaland, stating that since the appeal filed by the petitioner before the Commissioner, Government of Nagaland, has been dismissed, the petitioner has been directed to vacate the building within 7 days from the date of receipt of the order”, it stated.
Back then, the Court issued an interim order suspending the Eviction Notice issued on October 19, 2022 by the First Class Magistrate of Kohima.
(Page News Service)
