SC directs Nagaland government to re-issue public notice on Kakiho village recognition

• KOHIMA — The Supreme Court has directed the Nagaland government to reissue a public notice and review objections regarding the recognition of Kakiho village.
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• In its order dated March 23, a bench comprising justices JB Pardiwala and R Mahadevan, directed the state authorities to thoroughly review objections raised against the recognition of the village from every quarter including the appellant, Old Jalukie Village.
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• The state has been given six months to complete the process and decide whether or not to officially recognise Kakiho village. The court made it clear that any delay beyond this timeline would be viewed seriously.
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• The apex court found that while an earlier public notice was issued in 2009, objections raised by Old Jalukie village were not duly considered by the state authorities. It observed that the procedural requirements outlined in two key Office Memorandums (dated March 22, 1996, and October 1, 2005) had not been fully complied with in the recognition of Kakiho village.
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•  “Furthermore, we are of the view that the inter-district boundary dispute (between Peren and Dimapur) had no nexus whatsoever with the issue of recognition of the respondent no. 1 (Kakiho) village”, it stated.
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• Case background
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• Kakiho village, established in 2007, sought official recognition under the Dimapur district. However, Old Jalukie village, located in the Peren district, claimed that Kakiho was established on its ancestral land without proper consent or a No Objection Certificate (NOC), which is required under customary law and state guidelines.
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• The state government had earlier stalled the recognition citing the unresolved boundary issue between the districts. While a cabinet decision in 2011 approved the recognition of 34 villages—including Kakiho—subject to verification, the final decision was deferred following objections and lack of clarity over jurisdiction.
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• Earlier on Jan. 7, 2025, the court noted the reluctance of the state government to intervene and try to resolve the dispute between the two villages and had reserved the judgment.
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• However, in its March 23 order, the Supreme Court set aside parts of the High Court’s ruling, which had previously directed immediate recognition of Kakiho village. Instead, it emphasised that all objections, especially those from Old Jalukie, must be reviewed transparently before taking any decision.
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• “The decision of the High Court insofar as the observations made regarding the compliance with the aforesaid two OMs are concerned, is set aside solely because the High Court while passing the impugned decision, was not alive to the case of the appellant herein”, the court stated.
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• The state has now been directed to complete the review process within six months and file a compliance report. The matter remains “part-heard” and is expected to be taken up again after six months.

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