Shri. Vithongulie and 45 Ors v. The State of Nagaland and 4 Ors

ORDER

20.02.2024 46 writ petitioners have jointly filed the instant writ petition challenging the actions of the respondent authorities in not granting allotment to the petitioners in terms of the Memorandum of Understanding dated 1/8/2003.

¶2The materials on record reveals that the petitioners herein are claiming to be tenants of the Super Market Page No.# 6/8 established by the Kohima Municipal Council, Kohima. In the year 2003 a Memorandum of Understanding was executed between the Deputy Commissioner and the Local Traders Union, Super Market in the presence of witnesses incorporating various terms and conditions. This Memorandum of Understanding was entered into in view of the decision of the respondents to demolish the existing structure and construct a new building. The proposed building was completed after 19 years and there upon, the respondents took steps for granting allotment. It is the case of the petitioners that the said steps taken by the respondent authorities in finalizing the allotment was done without taking into account the Memorandum of Understanding entered into on 1/8/2003. It is further the case of the petitioners that they were not afforded reasonable opportunity for placing their documents before the Deputy Commissioner, Kohima and resultantly their cases were not considered which ought to be considered in terms of the Memorandum of Understanding dated 1/8/2003. Being aggrieved, a writ petition was filed by the Local Traders Union Super Market, a union of the earlier allottees of the building in question which was registered and numbered as W.P.(C) 169/2022. However, the said writ petition was withdrawn with liberty and there upon the present writ petition has been filed by the petitioners.

¶3The record reveals that this Court by order dated 15/12/2023 had issued notice making it returnable on 12/3/2024. The Deputy Commissioner, Kohima was directed to file affidavit on merit and as well as also state as to what steps Page No.# 7/8 have been taken pursuant to the representation filed by the petitioners.

¶4The record reveals that the Deputy Commissioner, Kohima had filed an affidavit stating inter alia that in pursuant to the representation submitted by the petitioners dated 02/04/2022, a public notice was issued on 24.3.2022 and thereafter verification of previous tenants of Super Market complex Kohima was held from 4.4.2022 to 6.4.2022. It was specifically mentioned that out of 136 applications received, a total of 48 persons came for verification and out of which 30 persons were recommended for allotment of the rooms at the new Super Market complex and the remaining 18 persons were not recommended for various reasons/grounds. The said verification report was forwarded to the Principal Secretary Department of Urban Development & Municipal Affairs by communication dated 20/4/2022 for necessary action. In the said affidavit, various enclosures have been enclosed including the reports submitted to the Principal Secretary Department of Urban Development & Municipal Affairs. From the said communication dated 20/4/2022, it is seen that out of 136 applicants, 48 persons have appeared for verification. Out of 48 persons, 30 persons were recommended for allotment whereas 18 persons were not recommended for the following reasons:

¶1In the case of 6 persons, the allotees/tenants has expired.

¶210 of the such applicants were Government servant

¶32 of the applicants were related to the recommended allottee being of the same family. Page No.# 8/8

¶5This Court have also taken note of Annexure-3 where the list of previous tenants who were allotted rooms at the new Super Market complex. From the materials available on record, it does not transpire as to whether the petitioners herein are amongst the 18 persons whose applications have been rejected. Be that as it may, this Court have duly taken consideration of the submissions made by the learned counsel for the petitioners and is of the opinion that as there was Memorandum of Understanding dated 1/8/2003 and the petitioners' specific stand is that they have not been granted the opportunity to place documents, it is the opinion of this Court that petitioners should be given an additional opportunity. Taking into account the above, this Court disposes of the writ petition by giving liberty to the petitioners to submit their documents before the Deputy Commissioner, Kohima on or before 20/3/2024 and if the petitioners duly submits such documents within the stipulated time herein, the Deputy Commissioner, Kohima shall consider the same and as per the extent laws and thereupon as on the basis of the said consideration submitted a report to the Principal Secretary, Department of Urban Development & Municipal Affairs for doing the needful. The said exercise be completed by 20/06/2024.

¶6With the above observation, the writ petition stands disposed of.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC020007342023 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/326/2023 SHRI.2VITHONGULIE2AND2452ORS S/O2LATE2ROKO2ANGAMI2 R/O2NAGA2BAZAR,2KOHIMA2SARDAR2 PREVIOUS2ALLOTED2ROOM2NO.2A-49 2:2SHRI2LHOULALIE-II2SUOHU 2R/O2BAPTIST2HIGH2MISSION2COMPOUND2 KOHIMA2NAGALAND2 PREVIOUS2ALLOTED2ROOM2NO.A-71 3:2SMTI2VISHELENUO2RULHO 2D2BLOCK 2KOHIMA2NAGALAND2 PREVIOUS2ALLOTED2ROOM2NO.C-3 4:2SMTI2ANNE2JAMIR 2R/O2H/NO-6 2OLD2MINISTERS2HILL-II 2KOHIMA2NAGALAND2 PREVIOUS2ALLOTED2ROOM2NO.B-25 5:2SMTI2KHRIEKEYIEU2SALE 2R/O2UPPER2PWD2COLONY2KOHIMA2NAGALAND 6:2SMTI2NEIVOZONUO2KIRE2@2ABE-U2KIRE 2AGAINST2THE2NAME2OF2HER2LATE2HUSBAND2NEITHO2KIRE2 R/O2D2KHEL2KOHIMA2NAGALAND 7:2SHRI2KEWENGULO2@2KEWENGULO2LASUSHE 2R/O2D2BLOCK2COLONY2 SECTOR2B2 8:2SMTI2BANUO2CHUZO2@2BANO2CHUZHO PageoNo.#o2/8 2R/O2PHUSACHODOU2VILLAGE2 PHEK2NAGALAND 9:2SMTI2DUONEI-U2@2DUONEIU2KIRE 2R/O2MISSION2ROAD2KOHIMA2VILLAGE2NAGALAND 10:2SMTI2NEISIELIE-U2@2NEISALIEU2KIRE 2R/O2MISSION2ROAD2 KOHIMA2VILAGE2NAGALAND 11:2SMTI.2KEHOUKHRIEU2KELIO2@2NHIEBOU-U 2R/O2G.RIO2SCHOOL 2KIKHA2AREA2 KOHIMA2SARDAR 2NAGALAND 12:2SMTI2THEJAVIZONUO2@2THEJAVIZONUO2KELIO 2R/O2HIGH2SCHOOL2KOHIMA2NAGALAND 13:2SMTI2VISANEINUO 2R/O2NORTH2D2BLOCK2III2 14:2SMTI2RUOVITUONUO2@2RUOVITUONUO2KIEWHUO 2R/O2PEZIELIETSIE2 15:2SHRI2TONIHO2YEPTHO 2R/O2PHUSHITO2COLONY 2AGHUNATO2HQ 2ZUNHEBOTO2NAGALAND 16:2SMTI2ACHUNTHOI2KAMEI 2R/O2NAGA2BAZAR2 17:2SMTI2SHURHONUO2SEKHOSE2@2K.V.2MEDO 2R/O2D2BLOCK2 18:2SMTI2KELHOUSEU2SEKHOSE2@2VILANUO 2R/O2KITSUBOZOU2COLONY2 19:2SMTI2KENGU-U2@2KENGUU 2R/O2H.NO.293 2MERIEMA2VILLAGE2 PageoNo.#o3/8 20:2SMTI2VIZOVONUO2@2VIZOVONUO2ANGAMI 2R/O2DAKLANE2ROAD2 21:2SHRI2KHETOI2YEPTHO 2R/O2MIDLAND2COLONY2 22:2SHRI2TSEILETUO2SEKHOSE2@2TSEIU2SEKHOSE 2R/O2KITSUBOZOU2 23:2SHRI2KESALHOULIE2SEKHOSE2@2KESA2ANGAMI 2OLD2MINISTERS2HILL2CO0LONY2 24:2SHRI2KETHONGULIE2AMOS2SEKHOSE2@2AMOS2SEKHOSE 2R/O2OLD2MINISTERS2HILL2COLONY2KOHIMA2NAGALAND 25:2SHRI2RUOKUOZELIE2YIESE@2ROKOUZELIE2YIESE 2R/O2KOHIMA2SARDAR2KOHIMA2NAGALAND 26:2SHRI2KITOLU2AWOMI2@2MIGHITO2SEMA 2R/O2MOUNT2OLIVE2COLLEGE 2DAKLANE2COLONY 2SECTOR-12 27:2SMTI2AKALI2AWOMI2@2AKALI2SEMA 2R/O2DAKLANE2COLONY2 28:2SMTI2MENUOKHRIE-U2SEKHOSE2@2NEIBANUO 2R/O2KITSUBOZOU2 29:2SHRI2KUDECHO2KHAMO2@2KUDECHO2KHAMO 2R/O2PFUTSERO2 2PHUSACHODU2VILLAGE2PHEK2NAGALAND 30:2SMTI2KEVILENUO2SOLO2@2KEVILENUO 2R/O2T2KHEL2KOHIMA2VILLAGE2 31:2SMTI.2SIVONUO@2SIVONUO2THEUNUO 2R/O2MERIEMA2VILLAGE2KOHIMA2NAGALAND PageoNo.#o4/8 32:2SHRI2PAWAN2KUMAR2@2PAWAN2MOHRA 2R/O2D2BLOCK2 33:2SMTI2AKOLE2TETSEO2@2TSANINO2AKOLE 2R/O2NEW2MINISTERS2HILL2KOHIMA2NAGALAND 34:2SHRI2KEWEKOLO2JHALO@2AKHO2KHALO 2R/O2NEW2MINISTERS2HILL2COLONY2KOHIMA2NAGALAND 35:2SMTI2METHATHILU2THELUO 2R/O2PWD2COLONY2KOHIMA2NAGALAND 36:2SHRI2VIKETHOTOULIE2SEKHOSE2@2V.S.2ANGAMI 2R/O2KITSUBOZOU2LOWER2KOHIMA2NAGALAND 37:2SMTI2NEISEZONUO2@2NEISEZONUO2THEUNUO 2R/O2P2KHEL2KOHIMA2NAGALAND 38:2SMTI2VILANUO2YIESE@VILA@VILIE@VILIE2ANGAMI@2VILA2ANGAMI 2R/O2NEW2MARKET2COLONY2KOHIMA2NAGALAND 39:2SHRI2TITUS2SEKHOSE@2KECHANGULIE2TITUS 2R/O2KITSUBOZOU2COLONY2 40:2SHRI2KEKHRIEYITUO2SEKHOSE 2R/O2PEZIELIETSIE2 41:2SMTI2NEIKEHENUO2SEKHOSE 2R/O2PEZIELIETSIE2 42:2SMTI2MENUO2@2MEDOHU 2R/O2PEZIELIETSIE2 43:2SHRI.2LHUVESAYI2LOHE@2L.2LOHE 2R/O2SCIENCE2COLLEGE 2JOTSOMA2KOHIMA2NAGALAND 44:2SMTI2KEZIENUO2@2KEZIENUO2THEUNUO 2R/O2H.2NO.2302FOREST2COLONY2 45:2SMTI2NYHAU2LIEZIETSU2@2NYHA2LIEZIETSU 2L.2KHEL2 Page No.# 5/8 KOHIMA VILLAGE KOHIMA NAGALAND 46: SHRI THEJAZHAZO SUOHU@ THEJAZHAZO R/O MEDZIPHEMA HQ DIMAPUR NAGALAN VERSUS THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT OF NAGALAND 2:THE PRINCIPAL SECRETARY URBAN DEVELOPMENT AND MUNICIPAL AFFAIRS DEPT NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY ADMINISTRATIVE HEAD OF URBAN DEVELOPMENT DEPT. NAGALAND KOHIMA 4:THE DEPUTY COMMISSIONER KOHIMA NAGALAND 5:THE ADMINISTRATOR MUNICIPAL COUNCIL KOHIMA NAGALAN Advocate for the Petitioner : V. THEYO Advocate for the Respondent :