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Courts suspends DMC notice
NPN: Dimapur, 22 Jul 2008
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Published on 22 Jul. 2008 1:05 AM IST
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Responding to a petition challenging the demolition notice issued by the Dimapur Municipal Council, the Gauhati High Court, Kohima Bench has suspended the impugned notice and directed the respondents to file appropriate petition for vacation or modification of the court order. The petition was filed by prominent citizen and former DTC chairman Kevi Zakiesatuo against the DMC notice for demolition of shops along Circular Raod Dimapur. The counsel for the petitioner also stated that DMC notice issued under section 33(1) & (3) of the Nagaland Municipal Act, 2001, could be issued only in respect of persons illegally occupying any land reserved for public purpose. The counsel said, that in cases such as the petitioner’s (Kevi Zakiesatuo), the structures were covered by the patta under Dag No.702. Justice PK Musahary of Gauhati High Court, Kohima Bench, in the order dated July 18, 2008, said prima facie, he was “satisfied that the petitioner (Kevi Zakiesato) is a valid patta holder and construction was done on the said land with due permission of the authority.” While passing the interim order, the court however permitted respondents (State Government and others) number four and five to file appropriate petition for vacation or modification of the interim order since the order was passed in their absence. Meanwhile, the court’s intervention in the ongoing demolition by the DMC was likely to bring the issue under scanner in view of complaints from various quarters.
(Staff Reporter)

 
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