Dimapur- Chümou 4-lane compensation case

March 19, 2022 98 Views No Comment

Court directs DC Dimapur to submit records justifying government’s RoW claim

Morung Express News
Dimapur | March 19

More than a year after the official inauguration of the Dimapur-Chümoukedima 4-lane road, there remains an ongoing court case pertaining to land compensation and Right of Way (RoW).

In September 2019, a conglomeration of individuals, known as the NH-29 Landowners Union, had petitioned the court claiming compensation from the Nagaland state government for land acquired for the expansion of the erstwhile 2-lane road from km 110 to km 122 of NH 29.

The Writ Petition, filed at the Kohima Bench of the Gauhati High Court, stated that it was filed by “persons who claims that their lands, buildings, properties etc have been affected by the ongoing expansion of the N.H. 29 from Nagaland Gate to Chumukedima, praying for a direction directing the respondents to acquire the lands as per law and to pay compensation for the same and their damaged properties.”

As per the court’s latest instruction, the Deputy Commissioner, Dimapur has been directed to submit records justifying the “basis on which the Government of Nagaland claims that the Right of Way in respect to the said road had been and is 27 metres.” In the order, issued on March 16, the court noted that that dispute raised by the contending parties requires “adjudication as to how the Government of Nagaland had acquired the Right of Way of 27 metres in respect to the road in question.” The case was further listed for hearing after four weeks.

During the hearing, the government counsel termed the petitioners’ claim as “misconceived,” while maintaining that the road, which was constructed (expanded) is well within the RoW of 27 metres.

In the counter argument, the petitioners’ counsel maintained that the government’s claim was “misconceived” as all lands in the state of Nagaland belongs to the people unless donated or acquired by the government. As recorded in the March 16 order, the counsel said that the road has been in existence since the British colonial era. “As such… when the road, at that relevant point of time was a narrow stretch and not 27 metres, the stand of the Government that the Right of Way is 27 metres is totally misconceived.”

Source: https://morungexpress.com/dimapur-chmou-4-lane-compensation-case