VidhiSangh

Supreme Court of India · 23/05/2025

OLD JALUKAI VILLAGE COUNCIL versus KAKIHO VILLAGE & ORS.

[2025] 5 S.C.R. 2658 · 2025 INSC 766

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In a dispute over State recognition of a new 'Sumi' village in Nagaland said to lie on the ancestral land of the appellant 'Zeliangrong' village, the Supreme Court held that the recognition procedure under the Office Memoranda of 22.03.1996 and 01.10.2005 was not shown to have been complied with, because the appellant's timely objection to the public notice was never decided on its merits, and that although the Cabinet's decision to keep recognition in abeyance pending the inter-district boundary dispute was not arbitrary when taken, the 2021 Cabinet Sub-Committee report showed the dispute had no nexus with the village; the State was directed to re-issue the public notice and decide all objections within six months.

Issues

  1. Whether the respondent village had fulfilled all the conditions for a formal order of recognition under the O.M.s dated 22.03.1996 and 01.10.2005, given that the appellant village had objected to the public notice of 13.10.2009 claiming the land as its ancestral property.
  2. Whether the pendency of the inter-district boundary dispute between the Peren (formerly Kohima) and Dimapur districts was a valid reason for the State Cabinet to keep the recognition of the respondent village in abeyance, and to what extent courts may interfere with such an executive decision.
  3. Whether the High Court could direct the State to issue formal orders of recognition without the appellant, which had lodged objections, being heard.
  4. Whether the customary protections under Article 371A could be examined against the fundamental rights of the respondent villagers under Articles 14, 19 and 21.

Provisions considered

Held

Result

High Court's observations on compliance with the O.M.s dated 22.03.1996 and 01.10.2005 set aside; State authorities directed to re-issue a public notice regarding recognition of the respondent village, exhaustively consider all objections including the appellant's, and decide within six months whether recognition should be granted, non-adherence to be viewed strictly; matter treated as part heard and to be listed before the same Bench after six months.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 2658.