KOHIMA — The Supreme Court has directed the
Nagaland government to reissue a public notice and review objections regarding
the recognition of Kakiho village.
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.
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.
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.
“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.
Case background
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.
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.
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.
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.
“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.
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.
