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2025 DAILYLAW 3865 (GAU)

SHRI ZUNGKUM CHANG @ H. ZUNGKUM CHANG AND 83 ORS v. UNION OF INDIA AND 6 ORS

WP(C)/98/2025 · 2026-08-30

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/25 GAHC020003122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/98/2025 SHRI ZUNGKUM CHANG @ H. ZUNGKUM CHANG AND 83 ORS SON OF HANSO CHANG, A RESIDENT OF TUENSANG TOWN, TUENSANG DISTRICT, NAGALAND 2: SHRI. IMKONGSONBA CHANG SON OF SHRI. NYEIBA AGED ABOUT 43 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9312 4765 4555. 3: SHRI. AULEN SON OF SHRI. AOCHANG AGED ABOUT 49 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4885 6455 3322. 4: SHRI. YANU SON OF SHRI. SOCHIMONG AGED ABOUT 75 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 6419 3309 0395. 5: SHRI. KOMAYANGBOU CHANG SON OF SHRI. IMTICHUBA DB AGED ABOUT 66 YEARS Page No.# 2/25 A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2590 6476 1752. 6: SHRI. A. CHUMIKAM CHANG SON OF SHRI. AYENMONGBA AGED ABOUT47 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2956 9683 3969. 7: SHRI. HONGKIN CHOLLEN SON OF SHRI. AMAK AGED ABOUT 25 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2956 9683 3969. 8: SHRI. THONGMONGYEMBo SON OF SHRI. NYAKU AGED ABOUT29 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3375 5403 4002. 9: SHRI. CHINGMAK SON OF SHRI. AKO (AS) AGED ABOUT60 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2729 3142 1128. 10: SHRI. YANU SON OF KOMA AGED ABOUT43 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG Page No.# 3/25 NAGALAND. AADHAR CARD NO. 2729 3142 1128. 11: SHRI. MANCHEM SON OF SHRI. KHEMONG AGED ABOUT34 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9269 2629 4505. 12: SHRI. ONGLINGAKU SON OF SHRI. KUSHEMCHUSA AGED ABOUT33 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5122 6725 9484. 13: SHRI. A. BEMUT YANGBOU SON OF SHRI. PUMAT AGED ABOUT25 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5722 1701 6641. 14: SHRI. BABENAOLEN B. CHANG SON OF SHRI. NYAKBA AGED ABOUT 19 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7339 0996 4804. 15: SHRI. K. AJONG CHANG SON OF SHRI. CHINGMAK AGED ABOUT 53 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8920 3521 9339. Page No.# 4/25 16: SHRI. S. YEMLONGCHOBA SON OF SHRI. AOTOBA AGED ABOUT 55 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2705 0841 3595. 17: SHRI. THONGMONGYANCHU CHANG SON OF SHRI. MENYA AGED ABOUT 41 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8332 6030 5402. 18: SHRI. SHILOLEMBA CHANG SON OF SHRI. NYAKBA AGED ABOUT 36 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3153 6006 0206. 19: SHRI. CHINGMAK SON OF SHRI. PESUAKHANG AGED ABOUT46 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9939 6793 6000. 20: SHRI. AYEN MONGBA SON OF SHRI. CHAOLI AGED ABOUT35 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 6152 9929 8910. 21: SHRI. TOJIYEMLONG CHANG SON OF SHRI. YANJANG AGED ABOUT73 YEARS Page No.# 5/25 A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7034 1316 5197. 22: SHRI. M. AKUMBA CHANG SON OF SHRI. MONGKOCHOLEN AGED ABOUT57 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9904 6613 8756. 23: SHRI. T. WONGTO LEMBA SON OF SHRI. PESHANG AGED ABOUT26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7967 0361 9362. 24: SHRI. W MOSHA SON OF SHRI. NAPAMMONGBA AGED ABOUT65 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5350 3732 9233. 25: SHRI. N. AJONG SON OF SHRI. CHINGMAKCHOLEN AGED ABOUT68 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9815 1111 0374. 26: SHRI. T. AKUM CHINGMAK SON OF SHRI. YANCHANG AGED ABOUT64 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG Page No.# 6/25 NAGALAND. AADHAR CARD NO. 4777 7960 5601. 27: SHRI. MENYA WONGTO T SON OF SHRI. THONGMONG YEMBO AGED ABOUT30 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4783 7468 3888. 28: SHRI. K. KOMA TOCHI SON OF SHRI. KOSHANG AGED ABOUT 34 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7993 3197 4603. 29: SHRI. BESOAKHANG C. CHANG SON OF SHRI. MOSHACHABA AGED ABOUT23 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8277 0248 5751. 30: SHRI. KUSHEMCHOLEN CHANG SON OF SHRI. TOCHIMONG AGED ABOUT31 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8749 0536 0674. 31: SHRI. TOPONGYEMBA M CHANG SON OF SHRI. MENYAYIMSA AGED ABOUT 26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8156 9641 0517. Page No.# 7/25 32: SHRI. YANCHANGSOMBA SON OF SHRI. MOBA AGED ABOUT26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9926 2233 3829. 33: SHRI. N. NYAKBA CHANG SON OF SHRI. NGAKUCHOLEN AGED ABOUT60 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3411 8935 1141. 34: SHRI. YONGKONG CHANG SON OF SHRI. HAKI OKSHOU AGED ABOUT43 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9450 4432 8617 35: SHRI. B. KUSHEM SADAN G SON OF SHRI. AYENMONGBA AGED ABOUT 22 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4789 6499 2636. 36: SHRI. K. YANCHANG SOMBA SON OF SHRI. WONGTO OKNU AGED ABOUT45 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5592 9989 8117. 37: SHRI. SANGKUM CHANG SON OF SHRI. LOYAM MAIBU AGED ABOUT65 YEARS Page No.# 8/25 A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3073 5886 0476. 38: SHRI. CHOBA YEMSO CHANG SON OF SHRI. NYAKBA AGED ABOUT 22 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7464 5808 2297 39: SHRI. K. KOMAYEMLONG CHANG SON OF SHRI. HELIMONG KHONESI AGED ABOUT28 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9630 8555 2600. 40: SHRI. MONGKO CHANG SON OF SHRI. WONGTO DB AGED ABOUT 67 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 6558 0042 3485. 41: SHRI. THONGMONGYEMBO SON OF SHRI. NGAKU AGED ABOUT35 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4282 9232 1609. 42: SHRI. SHANGTI SON OF SHRI. AICHONG AGED ABOUT 21 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG Page No.# 9/25 NAGALAND. AADHAR CARD NO. 5971 0803 6314. 43: SHRI. BEPEN MONGKO A SON OF SHRI. CHABA AGED ABOUT22 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4949 3859 7532 44: SHRI. Y. NGAKU SON OF SHRI. AYENCHOLEN AGED ABOUT 54 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8150 8932 3724. 45: SHRI. YONGKONGLEMBA SON OF SHRI. MOSHAMONGKHU AGED ABOUT 22 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5212 1069 1203. 46: SHRI. T. CHONGSHEN SANGKUM SON OF SHRI. YANGJANG IBOU AGED ABOUT 26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9006 6861 0132. 47: SHRI. MONGKO YANCHU SON OF SHRI. IMLONG CHABA AGED ABOUT37 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2256 6234 3413. Page No.# 10/25 48: SHRI. BENSO SON OF SIBONG G.B (LASANG) AGED ABOUT80 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9197 0678 8689. 49: SHRI. C. YENTINONGBOU CHANG SON OF SHRI. THEMTHUM MONGBA AGED ABOUT40 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5042 6233 3096. 50: SHRI. DONYANCHU SON OF SHRI. YANGJANG CHINGMAK AGED ABOUT 21 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2925 7614 6930. 51: SHRI. IMLONG ZANCHU SON OF SHRI. IMLONG CHABA AGED ABOUT26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8690 0856 8022. 52: SHRI. THONGMONG YEMBO M . CHANG SON OF SHRI. SIPONG GB AGED ABOUT33 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8400 4462 1399. 53: SHRI. A KOMA CHANG SON OF SHRI. AYENMONGBA AGED ABOUT55 YEARS Page No.# 11/25 A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3990 6837 2781. 54: SHRI. YEMLONGCHABA CHANG SON OF SHRI. THEMTHEM MONGBA AGED ABOUT27 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9985 3413 8543. 55: SHRI. MANYA SON OF SHRI. YANGJANGCHINGMAK AGED ABOUT21 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3178 4535 2691. 56: SHRI. BEMOYEMJONG B SON OF SHRI. PESO AGED ABOUT26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5096 5328 3055. 57: SHRI. K THONGMONG SON OF SHRI. SIPONG AGED ABOUT 26 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5891 5330 9778. 58: SHRI. BUMUT WONGTO SON OF SHRI. YAKA AGED ABOUT 35 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG Page No.# 12/25 NAGALAND. AADHAR CARD NO. 4967 9281 2638. 59: SHRI. YANCHANG SON OF SHRI. CHONGSHEN MONGBA AGED ABOUT38 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9816 0182 4576. 60: SHRI. YAKA SON OF SHRI. KUSHEMAOLEN AGED ABOUT21 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 9233 8837 1860. 61: SHRI. BINMONGBA CHANG SON OF SHRI. MANCHUM DB AGED ABOUT30 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7088 2211 3743. 62: SHRI. B. YONGKONG SOMBA CHANG SON OF SHRI. IMLONGCHABA AGED ABOUT31 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4706 9379 9301. 63: SHRI. MONGKOCHOLEN CHANG SON OF SHRI. AYENMONGBA AGED ABOUT54 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3392 8224 5478 Page No.# 13/25 64: SHRI. K. CHONGSHEN SON OF SHRI. KHONI AGED ABOUT 71 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4964 9323 2695 65: SHRI. BUMETTAKANG SON OF SHRI. MENYAWONGTO AGED ABOUT25 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8165 4454 2618. 66: SHRI. YONGKONGYEMBA C SON OF SHRI. LOYEM GB AGED ABOUT 18 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8165 4454 2618. 67: SHRI. C. CHONGSHENYEMJONG SON OF SHRI. CHONGMA CHABA AGED ABOUT 40 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3323 6358 6828. 68: SHRI. MONGKO YANCHU SON OF SHRI. NGAKU CHINGMAK AGED ABOUT35 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2463 4896 5346. 69: SHRI. Y. THONGMONG SON OF SHRI. KOMAYEMLONG CHABA Page No.# 14/25 AGED ABOUT35 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8307 2386 1517. 70: SHRI. AWOTOBA SON OF SHRI. LOYEM MONGKO GB AGED ABOUT49 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5978 6856 7960. 71: SHRI. CHOBA SON OF SHRI. IMLONG IBOU AGED ABOUT 55 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 6795 0494 2810. 72: SHRI. S. YANCHANG CHOBA SON OF SHRI. LOEM AGED ABOUT 42 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2380 7185 3579. 73: SHRI. MONGKU CHOLEN SON OF SHRI. KOMA AGED ABOUT 34 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5300 3376 4934. 74: SHRI. AOLEN SON OF SHRI. BIN YONGKONG AGED ABOUT 71 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE Page No.# 15/25 TUENSANG NAGALAND. AADHAR CARD NO. 6416 8907 4523. 75: SHRI. K. AYEN MONGBA SON OF SHRI. TOCHU GB AGED ABOUT 80 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4902 4315 9300. 76: SHRI. HOPONG SON OF SHRI. AMAK AGED ABOUT 53 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 2095 7051 5744. 77: SHRI. K. S CHINGBOU SON OF SHRI. AYEN AGED ABOUT23 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4386 2790 9239. 78: SHRI. BESO AKHANG SON OF SHRI. SIPONG LASANG AGED ABOUT 22 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 5374 5897 3419. 79: SHRI. AYENMONGBA CHANG SON OF SHRI. AOTOBA AGED ABOUT 23 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7837 2640 9593. Page No.# 16/25 80: SHRI. AOLEN SON OF SHRI. KUSHEM AOLEN AGED ABOUT21 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 8795 3878 9441. 81: SHRI. M. CHANGSANGCHINGMAK SON OF SHRI. MOSHA AGED ABOUT 25 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 4585 4617 8614 82: SHRI. MAKUMCHOBA SON OF SHRI. KUSHEM AOLEN AGED ABOUT23 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 3935 8703 0003. 83: SHRI. YANCHU SON OF SHRI. SIBO AGED ABOUT33 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 42519713 9061 84: SHRI. THUPANG SON OF SHRI. KHOMONG AGED ABOUT40 YEARS A RESIDENT OF C-KHEL TUENSANG VILLAGE TUENSANG NAGALAND. AADHAR CARD NO. 7033 3608 4893 VERSUS Page No.# 17/25 UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110001 2:THE DIRECTOR (POLICE FINANCE) MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NORTH BLOCK NEW DELHI-110001 3:THE DIRECTOR GENERAL ASSAM RIFLE HQ- DIRECTORATE GENERAL ASSAM RIFLE PO- LAITKOR DISTROCT EAST KHASI HILLS SHILLONG MEGHALAYA-793011 4:THE INSPECTOR GENERAL ASSAM RIFLES (NORTH) C/O 99 APO NAGALAND KOHIMA 5:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND CIVIL SECETARIAT KOHIMA NAGALAND-7970001 6:THE COMMISSIONER AND SECRETARY LAND REVENUE DEPT. GOVT. OF NAGALAND KOHIMA NAGALAND-797001 7:THE DEPUTY COMMISSIONER TUENSANG NAGALAN Advocate for the Petitioner : MOA JAMIR, KIROBA,SHISA JAMIR,IMTI CHANG,K SHIJOH Advocate for the Respondent : CGSC, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN Page No.# 18/25 JUDGMENT 31.08.2026 Heard Mr. Moa Jamir, learned counsel for the petitioners. Also heard Mr. Yangerwati, learned CGC respondent No. 1, 2, 3 & 4 and Mr. E. Thiba Phom, learned Government Advocate, for the respondent No. 5, 6 & 7. 2. In this petition under Article 226/227 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities, to initiate the process of regularization of the occupied land by Assam Rifles (respondent No. 3), by following proper acquisition procedure, and to execute fresh lease on payment of premium, equivalent to the cost of compensation, as per the current market price, within a period of 3(three) months, and also to direct the respondents to pay rightful land rent, with arrears, from the date of occupation, till the date of acquisition, with interest, within a period of 3 (three) months. 3. Mr. Moa Jamir, learned counsel for the petitioners, submits that the petitioners herein, altogether 84 in numbers, are owners of land at C-Khel, Tuensang Village, and their land, measuring 289 acres, has been illegally/forcefully occupied by the Assam Rifles,since the year 1957, for establishment of Battalion Key Location Plan (hereinafter "Bn. KLP"), without acquiring the same, by due process of law. He also submits that the entire stretch of land is private land of the petitioners and that the petitioners have not been paid any rent, or compensation thereof. 3.1. Mr. Jamir further submits that on numerous occasions, the petitioners herein, have filed their representations, but the said Page No.# 19/25 representations failed to evoke any response from the respondents till date, and the petitioners have neither been paid any compensation nor any rent or premium, which is in total contravention of the constitutional provision, as well as the statutory laws. 3.2. Mr. Jamirhas also pointed it out that the Home Ministry, under which the Assam Rifles has been functioning, as well as the State authorities (State respondents), have issued guidelines, notification, directives, as well as approval for acquisition of the land. But, they have deliberately delayed the process of regularizing the occupied land of the petitioner, which led to consistent reminders and communication between the State respondents and the Ministry of Home Affairs. 3.3. Mr. Jamir further submits that the inaction on the part of the respondents’ caused violation of Article 21 and Article 300A of the Constitution of India, and their occupation of the private land of the petitioners, becomes unlawful trespass and deprivation of property, without fair compensation and being aggrieved, the petitioners approached this Court by filing the present petition to address their grievance. 3.4. Mr. Jamir further submits that the respondents herein have filed their affidavit-in-opposition, wherein the claim of the petitioners have not been denied, and under such circumstances, he has prayed for granting the relief(s) as aforesaid, to the present petitioners. 4. Per contra, Mr. Yangerwati, learned CGC, appearing for respondent Nos. 1, 2, 3 and 4, submits that it is not in dispute that the Assam Rifles Page No.# 20/25 has been occupying a plot of land measuring 289 acres, in Tuensang District of Nagaland since 1957, for establishment of Battalion Headquarters and a Sub-wing. 4.1. However, Mr. Yangerwati, referring to the affidavit in opposition, filed on behalf of the respondent No.1, 2, 3 & 4,has pointed it out that the then NEFA Administration, Govt. of India, has paid a sum of Rs. 90,000/-, being the cost of the land, and the said amount was received by the Deputy Commissioner, Tuensang, who acknowledged the same, vide Letter No. LR/3/2276, dated 11/06/1962, and also vide Letter No. LR.3/266-71, dated 23/06/1962. 4.2. He also pointed it out that multiple complaints, regarding land encroachment by the Assam Rifles, were received by the Deputy Commissioner, Tuensang, since 1968 to 1974, and that there was no possibility to get the encroached land as Part I, II, and III in the Master Plan, dated 18th May 1959, and addition of some portion of their perimeter at Gorkha Hill was agreed, and that a joint survey was carried out in the year 1992 and the report thereof was submitted by Land Revenue and Survey Officer, Tuensang, Nagaland, vide letter No. LRST/TECH-1/92-93/1672-74, dated 11/12/1962, and it was found that 239.5 acres of land has been under physical occupation of the Assam Rifles, and approximately 50 acres of land has been encroached upon by local population/Civil Administration and that the Deputy Commissioner, Tuensang, has confirmed the occupation of 239.5 acres of land by the Assam Rifles, and that compensation has already been paid by the erstwhile NEFA Administration, from the State Fund. Page No.# 21/25 4.3. Mr. Yangerwati also submits that thereafter, a joint survey was carried out on 03-19th November 2014, and it was found that actual land under occupation of Assam Rifles is 242.280 acres, with no encroachment observed and that the Assam Rifles has initiated further correspondence with the Deputy Commissioner, Tuensang, to pursue land title, regularization and formalization of record, and for early mutation of 242.280 acres of land, in favor of the Assam Rifles, vide letter dated 11th April 2022, 7th November 2022, 4th November 2024, 17thJanuary 2025, 28th May 2025, and 15th June 2025. But, the Deputy Commissioner, Tuensang, has not initiated the process, and as such, the State respondents may be directed to initiate the process of title regularization and formalization of record and for early mutation of 242.280 acres of land, in favor of the Assam Rifles, and the writ petition may be disposed of. 5. Per contra, Mr. E. Thiba Phom, learned Government Advocate for the State respondents Nos. 5, 6 and 7, referring to the affidavit of respondent No.7, the Deputy Commissioner, Tuenssng submits that for the purpose of maintaining law and order situation in Nagaland, it was mutually agreed between the parties that the Assam Rifles will use the land of the petitioners, for a short period of time, for which an amount of ₹90,000/- was paid as temporary occupation fee from the State fund of the then NEFA Administration and as per records of the District Administration and the Land Revenue Department, a survey was conducted during the year 2013-14, which reflected that only 239 acres of land formed part of the master plan and is currently under the occupation of the Assam Rifles and Page No.# 22/25 there is no record that the land occupied by Assam Rifles is lawfully acquired, and the continued possession of land by the Assam Rifles is illegal in the absence of any valid lease or renewal. 5.1. he also submits that and from the letter of the SDO(Civil), Tuensang, dated 25/04/2012, it appears that 239.5 acres of land was considered to have been leased out to the Assam Rifles since the year 1957, for a period of 50 years, subject to renewal as clarified by the Deputy Commissioner, Tuensang District. His further submission is that the State of Nagaland is governed by a unique landholding system, and continued occupation, without renewal is impermissible.Under such circumstances, Mr. Phom submits that this petition may be disposed of by directing the respondent authorities to regularize the occupied land by the Assam Rifles. 6. The petitioners herein have filed reply to the affidavit-in-opposition, filed by the respondent authorities, and they have denied receipt of payment of ₹90,000/-, allegedly made by the then NEFA Administration. 7. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition, the documents placed on record, and also perused the affidavits-in-opposition filed by the respondent authorities, including the reply of the petitioners. 8. It appears from the pleadings and submissions of the learned counsel of the parties that the basic facts herein in this case, are not in dispute. In the affidavit in oppositionfiled by the respondent No. 1, 2, 3 & 4, the Assam Rifles has been occupying a plot of land measuring 242.280 acres of land at C-Khel of Tuensang Village, and the same was not Page No.# 23/25 acquired following the process of regularization under the relevant provision of law, presently occupying the field. Neither any compensation, nor any rent, was paid to the petitioners herein. 8.1. Though the Assam Rifles has taken a stand that the respondent Nos. 1, 2, 3 and 4 have taken a stand that a sum of ₹90,000/- has been paid by the then NEFA Administration to the Deputy Commissioner, Tuensang, and the Deputy Commissioner, Tuensang has also acknowledged the same yet, the petitioners have vehemently denied receipt of any such compensation or rent. 8.2. It also appears that there is dispute regarding the actual quantum/area of land, which is presently under the occupation of the Assam Rifles. While the petitioners’ states that the quantum/area of land is 289 acres, the respondent No. 1,2,3 & 4 states the same to be 242.280 acres and the respondent Nos. 5, 6 & 7 states the same to be 239.5 acres. So, there is a requirement of ascertaining the actual quantum/area of land. Also, there is a requirement of ascertaining whether the rent/compensation/premium, whatever it is called, amounting Rs. 90,000/, was paid to the petitioners or not, though, however, the Deputy Commissioner had acknowledged receipt of the same. 9. Under the given facts and circumstances, and in view of the submissions of the learned counsel for both the parties, this Court is inclined to dispose of this petition with the following directions and observations: - (i) The respondent Nos. 5, 6 and 7,more particularly, the Page No.# 24/25 respondent No.7, shall, firstly, conduct a survey of the land, under occupation of the Assam Rifles (respondent No.4), in presence of all the stakeholders, with the assistance of modern technology/gadgets, and shall ascertain the exact quantum/area of land. (ii) Secondly, it is provided that having ascertained the quantum of land, the respondent Nos.5, 6 & 7, more particularly the respondent No. 7, shall initiate the process for regularization of the occupied land by the Assam Rifles, by following proper acquisition procedure, and to execute fresh lease, as the case may be, on payment of premium equivalent to the cost of land compensation,as per the current market price, to the petitioners herein. (iii) Thirdly, it is provided that the respondent No.7 shall also ascertain whether the sum of Rs.90,000/, which the respondent No.7 has admittedly received, was disbursed to the petitioners or not. And if it is not disbursed, then the same shall be paid to the petitioners along with the compensation. And if the same has been paid to the petitioners, then the respondent No.7 shall adjust the same against the total amount of compensation, to be paid to the petitioners. (iv) Fourthly, it is provided that till ascertainment and payment of the compensation, the petitioners shall be Page No.# 25/25 paid rent, which the petitioner are legally entitled to, with arrear, with effect from the year of occupation, i.e., 1957. 10. Let the aforesaid exercise be carried out within a period of 3(three) months, from the date of receipt of a certified copy of this order. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1(one) week from today. 11. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant