Akangtemjen S/O Lt. Imimakok v. Secretary, Ministry of Tribal Affairs
2025-04-09
DEVASHIS BARUAH
body2025
DigiLaw.ai
JUDGMENT AND ORDER : DEVASHIS BARUAH, J. Heard Mr. C.T. Jamir, the learned Senior Counsel assisted by Mr. Aliba Ozukum the learned counsel appearing on behalf of the petitioner. Mr. Yangerwati, the learned Central Government Counsel appears on behalf of the respondent No. 1, Mr. L.T.Sangtam, the learned Addl. A.G., Nagaland along with Mr. Veto V.Zhimomi, the learned Government Advocate appears on behalf of the respondent Nos. 2 and 3 and Mr. Sentiyanger, the learned counsel appears on behalf of the respondent No. 4. 2. The petitioner herein has approached this Court challenging the decision of the Respondent Authorities to relocate the construction of the Multipurpose Building from NH Mongsenyimti to Chakpa Village under Mokokchung District. 3. For the purpose of deciding, as to whether, the petitioner has made out a case for interference under Article 226 of the Constitution of India, this Court finds it relevant to take note of the brief facts which led to the filing of the instant writ petition. 4. Article 275 of the Constitution of India deals with providing of grants by the Union to certain States. In view of the said Constitutional provision, the Ministry of Tribal Affairs, Government of India framed a set of guidelines in terms with the proviso to Article 275(1) of the Constitution of India whereby funds would be allocated amongst various States under the scheme keeping in view the proportion of Schedule Tribe population in the State, tribal area, past performance/support for innovation/support for emergent need and for special purpose. The guidelines stipulate that the allocation of the funds would be made in two phases. In the first phase, the allocation would be 90% and the second phase the remaining 10%. Clause 5 of the said guidelines stipulates about the prioritization of the activities meaning thereby, the various activities wherein special importance would be provided under the said scheme. The manner in which the funds should be allocated and the procedure to be followed are stipulated in Clauses 7, 8 and 9 of the guidelines. Clause 12 stipulates that how the monitoring would be carried out in respect to the funds allocated projects. 5. For the year 2023-24 various proposals were sent to the Government of India by the Government of Nagaland in respect of grants under Article 275(1) of the Constitution of India.
Clause 12 stipulates that how the monitoring would be carried out in respect to the funds allocated projects. 5. For the year 2023-24 various proposals were sent to the Government of India by the Government of Nagaland in respect of grants under Article 275(1) of the Constitution of India. The said proposals so submitted were discussed and the Project Appraisal Committee which consisted of various officials from the Ministry of Tribal Affairs, Government of India and the Government of Nagaland took a decision to allocate various funds in respect to proposals so submitted. Amongst the new proposals approved by the said Project Appraisal Committee, one pertained to the construction of Multipurpose Building at the rate of 100.00, Units-1 in the location of NH-2 Mongsenyimti, Mokokchung and the total funds sought for was approved by the Project Appraisal Committee. On the basis of the said report of the Project Appraisal Committee, the Ministry of Tribal Affairs, Government of India vide the communication dated 06.09.2023 conveyed the sanction of the President of India for release of an amount of Rs. 23,25,00,000/- (Rupees Twenty Three Crores Twenty Five Lakhs only) to the Government of Nagaland for carrying out various activities. A perusal of the said communication reveals that amongst others, it included the construction of the Multipurpose Building at NH-2 Mongsenyimti, Mokokchung. 6. The materials on record also show that certain steps were taken by the Directorate of Tribal Affairs, Nagaland, Kohima with the District Commissioner, Mokokchung, Nagaland thereby seeking various documents. The Deputy Commissioner, Mokokchung, Nagaland on the basis of such directions issued by the Directorate of Tribal Affairs, Government of Nagaland identified the land of the petitioner admeasuring 4593 sq. ft. for the purpose of setting out of the multipurpose project. 7. While aforesaid process was undertaken, on 12.10.2023, the Chief Minister of Nagaland requested the Union Minister for Tribal Affairs, Government of India that there is a requirement of a change in the location of the construction of the Multipurpose Building at NH Mongsenyimti to Chapka Village inasmuch as the villagers of Chakpa village is a thriving community with immense potential, who would greatly benefit from the project being shifted to their location. It was also mentioned by the Chief Minister of the State of Nagaland in his letter that this change in venue would address a number of pressing issues and yield significant positive outcomes for the residents. 8.
It was also mentioned by the Chief Minister of the State of Nagaland in his letter that this change in venue would address a number of pressing issues and yield significant positive outcomes for the residents. 8. Subsequent thereto, the Ministry of Tribal Affairs, Government of India had approved the relocation of the project of construction of the multipurpose building from NH Mongsenyimti to Chakpa Village under the Mokokchung District, the communication dated 08.02.2024 subject to fulfilling certain conditions. The said decision so taken by the Ministry of Tribal Affairs, Government of India was communicated vide the communication dated 08.02.2024. 9. The communication dated 08.02.2024 is impugned in the present proceedings on the ground that the said decision was not as per the guidelines inasmuch as the change of the relocation was made without the approval of the Executive Committee in the State which was a fundamental requirement in terms of Clause 8(a) of the guidelines. Subsequent thereto, the State Level Executive Committee in its meeting held on 22.03.2024 recommended the relocation of the Multistoried Building form Mongsenyimti to Chapka Village. This recommendation is also impugned in the present writ proceedings. 10. It is seen that pursuant to filing of the instant writ petition, this Court vide a detailed order dated 27.09.2024 issued notice, however did not pass any interim order in favour of the petitioner. 11. The record further reveals that the Chakpa Village Council who would now be the beneficiary in terms with the impugned communication dated 08.02.2024 filed an application seeking impleadment to the instant proceedings. Vide an order dated 21.10.2024 the Chakpa Village Council was impleaded as the respondent No. 4. It was also mentioned in the same order dated 21.10.2024 that the change of the project location regarding construction of the Multipurpose Building from NH Mongsenyimti to Chakpa Village under the Mokokchung District shall be subject to the outcome of the writ petition. 12. Mr. L.T. Sangtam, the learned Additional Advocate General, Nagaland appearing on behalf of the respondent Nos. 2 and 3 submitted that on account of the said order dated 21.10.2024, the project could not be started. 13. The record reveals that various pleadings have been exchanged on behalf of the parties.
12. Mr. L.T. Sangtam, the learned Additional Advocate General, Nagaland appearing on behalf of the respondent Nos. 2 and 3 submitted that on account of the said order dated 21.10.2024, the project could not be started. 13. The record reveals that various pleadings have been exchanged on behalf of the parties. The affidavit-in-opposition filed by the respondent No. 1 mentions that the Annual Proposal for the year 2023-24 was received from the State Government of Nagaland vide a communication dated 18.07.2023, which inter alia mentioned “Construction of Multipurpose Building” at NH-2 Mongsenyimti, Mokokchung as one of the projects. The Annual Proposal was considered in the Project Appraisal Committee meeting held on 28.08.2023 and Minutes of the said meeting was issued on 30.08.2023 which entirely approved the project “Construction of Multipurpose Building at NH-2 Mongsenyimti, Mokukchung at a cost of Rs. 100 lakhs during 2023-24. It was also mentioned that the Ministry of Tribal Affairs, Government of India thereupon received a communication dated 12.10.2023 from the Chief Minister, Nagaland addressed to the Minister of Tribal Affairs, Government of India regarding change in the location of the project titled “Construction of Multi Purpose Building” from NH-2, Mongsenyimti to Chakpa Village. The Office of the Minister of Tribal Affairs, Government of India changed the location in view of the fact that the proposal is made by the Chief Minister of the State and the Minister of Tribal Affairs, Government of India had advised to consider the same. On the basis of the said, the impugned communication dated 08.02.2024 was issued whereby the relocation from NH-2, Mongsenyimti, Mokukchung to Chakpa Village was allowed subject to certain conditions. 14. The respondent Nos. 2 and 3 had filed their affidavit-in-opposition wherein at paragraph No. 4, it was categorically mentioned that the Chief Minister, Nagaland being the Minister in-charge of Tribal Affairs Department, Nagaland proposed for relocation of the Multipurpose Building/Hall from NH-2 Mongsenyimti to Chakpa Village under the Mokokchung District vide the communication dated 12.10.2023 to the Union Minister of Tribal Affairs, Government of India stating the reasons why it was required to do so. It was also mentioned that there is already a Multipurpose Building/Hall constructed at Mongsenyimti Village and the Completion Certificate was also issued by the Extra Assistant Commissioner (EAC) Chuchuyimlang, Nagaland on 05.07.2024.
It was also mentioned that there is already a Multipurpose Building/Hall constructed at Mongsenyimti Village and the Completion Certificate was also issued by the Extra Assistant Commissioner (EAC) Chuchuyimlang, Nagaland on 05.07.2024. It was further stated that in spite of the Minutes of the Meeting of the Project Appraisal Committee held on 28.08.2023, the Director of Tribal Affairs Department letter to the Deputy Commissioner, Mokokchung requested for land details letter dated 20.09.2023 and the EAC, Chuchuyimlang, Mokokchung letter dated 10.10.2023 in compliance to the directions made by the D.C. Mokokchung, no effective work order have been issued either to the petitioner or to the newly located Chapka Village till date. It was also mentioned that the relocation of the Multipurpose building from NH-2 Mongsenyimti to Chakpa Village under the Mokokchung District also falls within the same administrative block and moreover, in order to provide a platform for collective growth and development, the proposal for relocation was made to bridge the gap in core sector development. The respondent Nos. 2 and 3 had brought on record the No Objection Certificate issued by Mongsenyimti Village Council dated 05.07.2024 wherein it was mentioned that the construction of the Multipurpose Hall at Mongsenyimti compound under Mokokchung funded by the Ministry of Tribal Affairs, Government of India covered under a scheme of Article 275(1) had been only completed with no objection on the said property. The photographs of the newly constructed Multipurpose Building was also enclosed to the affidavit-in-opposition. In addition to that the communication issued by the Director, Government of India, Ministry of Tribal Affairs dated 18.10.2024 issued to the Principal Secretary of Tribal Welfare Department, Government of Nagaland was also enclosed whereby the Ministry of Tribal Affairs, Government of India had formally issued the communication after receipt of the approval of the SLEC for relocation of the project and the State Government was directed to implement the project in compliance with the terms and conditions mentioned in the Minutes of the PAC meeting issued on 06.09.2023. Further to that, the land which was identified in the Chakpa village was brought on record. 15. This Court further takes note of the affidavit-in-opposition filed by the respondent No. 4 wherein similar stand was taken to what the respondent Nos. 2 and 3 have taken.
Further to that, the land which was identified in the Chakpa village was brought on record. 15. This Court further takes note of the affidavit-in-opposition filed by the respondent No. 4 wherein similar stand was taken to what the respondent Nos. 2 and 3 have taken. In addition to that it was brought to the notice of this Court Annexure-D to the said affidavit-in-opposition that Annexure-K to the writ petition was never issued by the Mongsenyimti Village Council. 16. The petitioner filed affidavit-in-reply reiterating his stand made in the writ petition. 17. In the backdrop of the above pleadings, this Court had duly heard the learned counsels appearing on behalf of the parties and given its anxious consideration to their respective submissions. 18. At the outset, it is relevant to take note of that the jurisdiction of this Court under Article 226 of the Constitution is very limited in matters of the present nature inasmuch as the jurisdiction is confined to the decision making process of the Respondent Authorities. In the instant case, it would be seen that on 05.07.2024, the Multipurpose Building at Mongsenyimti Village was completed. The materials on record further show that in the Chakpa village there is no Multipurpose Building. The Chief Minister of Nagaland taking into account the various aspects which have been duly mentioned in his communication dated 12.10.2023 had requested the Minister of Tribal Affairs, Government of India to relocate the construction of the Multipurpose building from NH Monsenyimti to Chakpa Village. It is also seen that the respondent No. 1 i.e. the Ministry of Tribal Affairs had duly taken note of the requests so made by the Chief Minister, Government of Nagaland and on the basis of such request have issued a communication on 08.02.2024 whereby the relocation of the construction of Multipurpose building from NH Mongsenyimti to Chakpa Village under Mokokchung District have been approved subject to certain conditions. 19. It is further seen from the impugned order dated 08.02.2024 that one of the conditions is that there is a requirement of the decision of the SLEC to be placed before the Ministry of Tribal Affairs, Government of India. The SLEC of the Government of Nagaland have thereupon submitted the Minutes of the meeting giving reasons as to why the relocation was necessary from NH Mongsenyimti to Chakpa Village under Mokokchung District.
The SLEC of the Government of Nagaland have thereupon submitted the Minutes of the meeting giving reasons as to why the relocation was necessary from NH Mongsenyimti to Chakpa Village under Mokokchung District. This aspect has been duly taken note of by the Ministry of Tribal Affairs, Government of India and on the basis thereof, have issued the communication dated 18.10.2024 whereby formally the relocation have been permitted by issuance of an order. It is also seen that from the very communication dated 18.10.2024 that the funds have already been released to the State during 2023-24 and therefore the question of release of additional funds does not arise. 20. This Court having taken into account the materials on record and also the submission so made by the learned counsels appearing on the behalf of the parties do not find the present case to be a fit case for exercise of the powers of judicial review, taking into account that it is absolutely within the domain of the Executive to decide on the location where the construction of the Multipurpose Building would be best suited. Additionally, the petitioner had completely failed to make out a case of violation of any constitutional provision. 21. In view of the above, this Court does not find any merit in the instant writ petition, for which, the instant writ petition stands dismissed.