Page No.# 1/5 GAHC020005462023 2025:GAU-NL:117 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/232/2023 SMTI. CHUBAYANGLA W/O LATE L.NOKZENKETBA R/O SALANGTEM WARD, MOKOKCHUNG SADAR, DIST.- MOKOKCHUNG, NLD, 798601 VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NLD. KOHIMA. 2:THE NAGALAND STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN NAGALAND STATE DISASTER MANAGEMENT AUTHORITY HOME DEPARTMENT CIVIL SECRETARIAT KOHIMA. 797001 3:THE HOME COMMISSIONER NAGALAND KOHIMA 4:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITIES DIMAPUR NAGALAND Advocate for the Petitioner : WATI JAMIR, Y S PHOM,ALITO SWU,S.IMLI Page No.# 2/5 Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 03.04.2025 Heard Mr. Wati Jamir, learned counsel appearing on behalf of the petitioner, and Mr. K. Angami, learned Senior Government Advocate appearing on behalf of the respondent nos. 1, 2, 3 and 4. 2. The present petition has been filed by invoking Article 226 of the Constitution challenging the Order dated 03.10.2023 whereby the respondent no. 4 had passed an Order thereby directing the petitioner to remove the encroachment over the public drainage within a period of 5 (five) months from the date of passing of the said Order or else there would be forceful demolition and penal action against the petitioner. 3. This Court has duly perused the said Order dated 03.10.2023, whereupon it appears that after Spot Verification conducted by a team of officials from Dimapur Land and Record Survey Office, DMC, Urban Development Department and District Administration, it was found that apart from blockage of the public drainage due to garbage and siltation, various illegal encroachment in the form of construction of buildings over the land reserved for public drainage was detected. It was also found upon verification that the petitioner has encroached an area of 45 sq. ft. 4. The case of the petitioner herein is that the petitioner’s husband was Page No.# 3/5 allotted 15 Lechas of land at Dimapur town and the name of the petitioner’s husband was duly recorded in the Patta No. 607, Dag No. 808, Block No. 04, under Dimapur Mouza No. 2. The petitioner’s husband thereupon has constructed a commercial RCC building in the year 1980 within the Patta land. It was mentioned that at the time of construction in the year 1980 there was a small drainage adjacent to the allotted plot. It was also mentioned that in view of the development of the Town and the increase in the population the width of the drain had expanded by erosion and thereby had touched the very foundation of the petitioner’s building. It is, therefore, the case of the petitioner that without proper verification, the Order dated 03.10.2023 was passed, which is the reason why the order dated 03.10.2023 has been impugned in the instant proceedings. 5. It is seen from the records that no affidavit has been filed by the respondent authorities inspite of notice having been issued as far back as the year 2023. Taking into account that any delay in the disposal of the instant writ petition may result in public injury affecting public health this Court is of the opinion that an expeditious disposal of the writ petition is required. 6. Mr. K. Angami, learned Senior Government Advocate appearing on behalf of respondent nos. 1 to 4 has also placed before the Court the instructions he received in October, 2024. The same has been kept on record and marked with the Letter- ‘X’. On a perusal of the said instructions, it was mentioned that there was a Verification Committee duly constituted and the said Verification Committee, after making thorough verification found that the area encroached by the petitioner’s Page No.# 4/5 late husband measures approximately 45 sq. ft. It was also mentioned that due to declaration of Dengue as an epidemic in Dimapur, an urgent intervention was required to mitigate the disaster. Therefore, apart from the National Disaster Act, the respondents have also invoked the powers under Section 133, CrPC of the Code of Criminal Procedure, 1973 which presently corresponds to Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It was also mentioned that the Order dated 03.10.2023 was required to be passed for the interest of the public. 7. This Court has also taken note of verification which has been carried out, and reports which have been submitted wherein it has been mentioned that the encroachment of the public drainage by the petitioner is of an area of 45 sq.ft. During the course of the hearing, the records transpire that on 03.11.2023, the Extra Assistant Commissioner (Rev), Office of the Deputy Commissioner Dimapur had also submitted Spot Verification Report in respect of Patta No. 607, Dag No. 808, Block No. 4. From the said Spot Verification, which was carried out on 20.10.2023, it appears that the encroachment made is more than 45 sq. ft. in as much as it measures 3.8 ft x 53 ft which corresponds to 201 sq. ft. The said document dated 03.11.2023which was placed before this Court is kept on record and marked with the Letter- ‘Y’. 8. This Court having given anxious consideration to the materials on record as well as the submissions made by the learned counsels for the parties is of the opinion that as the grievance of the petitioner is that the verifications were carried out behind the back of the petitioner if appropriate orders are passed for verification in presence of the petitioner Page No.# 5/5 the matter can be brought to a logical conclusion. This Court also cannot turn a Nelson’s eye to the fact that the blockage of the public drainage system has disastrous consequences on public safety as well as public health. 9. Considering the above, this Court disposes of the instant writ petition with the following observations and directions. a) The Respondent no. 4 herein is directed to carry out a fresh verification as to whether the petitioner herein has encroached upon the public drain. The said verification be carried out on 23.04.2025 at 10.00AM. The petitioner is directed to be present during the course of the said verification. There would be no requirement for issuance of notice by the authorities upon the petitioner, in view of the directions passed above. b) This Court further directs that after making the verification, if it is found that if there is any encroachment by the petitioner over the public drain, the authorities would be at liberty to take due action as per law to remove the encroachment at the earliest keeping in mind that public safety and public health are of utmost importance. c) It is further observed and directed that till the verification is being conducted as directed hereinabove, no coercive measures be taken upon the petitioner. JUDGE Comparing Assistant