Piphema Village(Old) and 2 Ors v. Pherima A Village and 7 Ors

ORDER Date : 28-06-2023 (Kakheto Sema,,J) By the order dated 17/3/2021 Mr. C.T. Jamir, learned senior counsel was appointed as mediator on behalf of the appellant and Mr. Taka Masa, learned senior counsel was appointed as mediator on behalf of the respondent to resolve the long pending dispute between the appellant and respon-dent in present appeal. 60 (sixty) days time was prescribed for completion of the mediation from the first date of appearance as per clause Clause 18 of the Rules of 2007. This Court how-ever, in the interest of justice has from time to time extended the time beyond the period of 60 days so as to enable the par-ties and their mediators to resolve the dispute. Page No.# 3/5 Today when the matter is listed, both the media-tors has appeared before the Court and has submitted that the Boundary Dispute Settlement between the appellant and re-spondent village which is dated 24/6/2023. The Boundary Dispute Settlement reads as under :- "Boundary Dispute Settlement between Phepima Village and Pherima village

There has been a long standing boundary dispute between Phepima Village and Pherima village in between Zumha and Tem River (Theluru and Khuperu streams ) since the British time . The two villages had hotly contested the dispute before various administrative authorities and courts since filing of Political Case 45 of 1938 till date. It is presently sub judice before the Hon'ble Division Bench of the Gauhati High Court, Kohima Bench in Writ Appeal No.9 (K) Of 2019. In the spirit of maintain-ing good neighborly relations, the two villages had mutually agreed upon to settle the boundary disputes through mediation and informed the Hon'ble High Court. The Phepima village had nominated Mr. C.T Jamir Senior Advocate as Mediator and the Pherima Village nominated Mr.- Taka Masa Ao, Senior Advocate as Mediator. Accordingly, the Hon'ble High Court by the order dated 17-03-2021 had appointed Mr. C.T Jamir and Mr. Taka Masa Ao as Mediators and directed for mediation efforts to amicably settle the dispute between the two villages. The Mediators in presence of authorized representatives from the two villages had conducted spot verification on 19-02-2022. Thereafter, a series of negotiations at the initiatives of the Mediators. The authorized representatives of the two villages had re-visited the area on 19-04-2022. Finally, the two villages had come to an amicable settlement to demarcate the disputed boundary and the demarcation spots was identified by the authorized representatives of the two villages on 31-05-2023 and which was formally accepted by the two villages. Accordingly, the authorized representatives of the two villages had erected seven boundary pillars on 07-06-2023. Six boundary pillars above the old British road and one boundary pillar at the old British road followed by a small stream below the road as the mutually agreed boundary between Phepima village and Pherima village with regard to boundary in between Zumha and Tem river (Theluru and Khuperu streams). A sketch map en-closed herewith. The demarcated boundary shall be final and irrevocably binding upon the two villages. Henceforth, this Mediation Agreement shall supersede all past orders/judgments passed by various administra-tive authorities and courts and which shall be treated as a nullity. On this day the 24th June, 2023, the authorized representatives of Phep-ima and Pherima hereby solemnly signed this historic Mediation Agree-ment to amicably settle the boundary disputes in between Zumha and Page No.# 4/5 Tem river (Theluru and Khuperu streams) based on the spirit of maintain-ing good neighborly relations, our deep abiding Christian faith of peace, love, forgiveness, reconciliations and to bring blessings to the younger generations in presence of the Chakhroma Public Organization, Western Sumi Hoho and the Mediators. Representing Pherima Village Representing Phepima village

¶1Vikato Ayemi

¶1Pelezetuo Kuotsu Head G.B, Pherima Village President, PKKK

¶2Kawoto Zhimo

¶2Vineisolie Kehie VCC, Pherima Village VCC, Pherima Old

¶3Vihoshe Zhimo G.B

3.Keneiwhelie Kimho VCC, Phepima-A

¶4T.Hekuto Zhimomi

¶4Kekiezakie Keyho GB Phepima Old

¶5Vitohe Zhimo G.B

¶5Rokowheto Keyho GB Phepima -A

¶6Khutovi Awomi

¶6Chiito Kimho GB Phepima New

¶7Tohuvi Zhimo

¶7Diezelhouto Nakhro VCC, Pherima-B Secretary, PKKK

¶8Zhato Kimho, VCC, Pherima, New Sd/- Sd/- (Taka Masa Ao) (C.T. Jamir) Senior Advocate/mediator Senior Advocate/mediator" In terms of the boundary settlement dispute dated 24/6/2023 executed between the appellant and the respon-dent village the present appeal stands accordingly disposed. This Court extends deep appreciation to Mr. C.T. Jamir, learned senior counsel and Mr. Taka Masa, learned se-nior counsel who as mediator has been able to efficiently re-Page No.# 5/5 solved this long pending issue which was continuing for almost 85 years. The original copy of the Boundary Dispute Settle-ment dated 24/6/2023 shall be kept in the record.

Sd/- Sd/- JUDGE JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020002262019 2222222 222222222222222 2222222222222222THE(GAUHATI(HIGH(COURT (HIGH(COURT(OF(ASSAM,(NAGALAND,(MIZORAM(AND(ARUNACHAL PRADESH) KOHIMA(BENCH Case(No.(:(WA/9/2019 PIPHEMA2VILLAGE(OLD)2AND222ORS THROUGH2THE2VILLAGE2COUNCIL2REPRESENTED2BY2ITS2 CHAIRMAN,2DIMAPUR,2N/L 2:2PIPHEMA2VILLAGE2(NEW) 2THROUGH2THE2VILLAGE2COUNCIL2REPRESENTED2BY2ITS2 CHAIRMAN,2DIMAPUR,2N/L 3:2PIPHEMA2VILLAGE2(A) THROUGH2THE2VILLAGE2COUNCIL2REPRESENTED2BY2ITS2 CHAIRMAN,2DIMAPUR,2N/L VERSUS PHERIMA2A2VILLAGE2AND272ORS REPRESENTED2BY2ITS2HEAD2G.B2MR.2VIKATO2AYEMI,2DIMAPUR,2N/L 2:YEKUTO2ZHIMOMI CHAIRMAN2PHERIMA2A2VILLAGE2COUNCIL,2DIMAPUR,2N/L 3:PHERIMA2B2VILLAGE 2REPRESENTED2BY2ITS2HEAD2G.B2MR.2IZHETO2ZHIMOMI ,2DIMAPUR,2N/L 4:TOKIHE2ZHIMOMI 2CHAIRMAN,2PHERIMA2B2VILLAGE2COUNCIL DIMAPUR,2N/L 5:THE2STATE2OF2NAGALAND 22REPRESENTED2BY2THE2CHIEF2SECRETARY,GOVT.OF2NAGALAND KOHIMA2N/L Page No.# 2/5 6:THE COMMISSIONER GOVT.OF NAGALAND KOHIMA N/L 7:THE DEPUTY COMMISSIONER DIMAPUR, N/L 8:THE ADDITIONAL DEPUTY COMMISSIONER MEDZIPHEMA SUB-DIVISION DIMAPUR N/L Advocate for the Petitioner : R. IRALU, SR. ADV Advocate for the Respondent : A. ZHIMOMI BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA HONBLE MR JUSTICE KARDAK ETE