In a major development, that would open the way for expansion and development of Dimapur Airport, the state government is set to carry out an eviction drive against illegal occupation of government-acquired land at the Dimapur airport, following an eviction order upheld by the Gauhati High Court, Kohima Bench.
According to sources, the eviction drive is scheduled to be conducted on June 13 from 6 a.m. onwards.
This was revealed in a communiqué from Commissioner Nagaland, who informed, that the High Court passed a judgment in favour of the state government on May 27, 2025, thereby quashing the interim injunctions that had previously stayed eviction proceedings on land designated for the expansion of Dimapur airport.
The judgment has empowered authorities to proceed with the eviction of unauthorised occupants from dag no. 38 and 40 of Diphuphar village acquired for public infrastructure development.
The Commissioner informed that legal proceedings originated from an illegal occupation of airport land. Enquiry done by the Commissioner, Nagaland revealed that an individual name Atoshe was allotted land for dag no. 79 (97) at Ekaranipathar, Dimapur. However, instead he fraudulently entered it as dag no. 97 without official records to support this change.
Further the Commissioner claimed that allotment was granted without prior approval of the government and in violation of a blanket ban on allotment of land (no. LR/2-21/88, dated, Kohima, October 26, 1992).
The Land Revenue Department (letter no. LR/7-44/DA/2008, dated 29-11-19) confirmed that was no record of land allotment to Atoshe at dag no. 97.
Consequently, the Commissioner cancelled Atoshe’s allotment on November 30, 2019, invoking Rule 26 of the Assam Land and Revenue Regulation, 1886, which empowered the commissioner to cancel settlements/allotments lacking proper confirmation. Subsequently, the Commissioner Nagaland directed the Dimapur deputy commissioner (DC) to initiate eviction proceedings against 22 individuals illegally occupying land at dag nos. 38 and 40 under Diphuphar village, which had been acquired by the state government and leased to the Airports Authority of India (AAI) for airport expansion.
The commissioner claimed that there were no documents supporting the claims of these 22 individuals over the airport land, and their claims based on pattas purportedly issued for land in Ekaranipathar village.
The DC Dimapur on December 5, 2019 cancelled the pattas of these 22 individuals, which were based on Atoshe’s cancelled allotment. An eviction order was subsequently issued on December 21, 2019, under the Nagaland Eviction of Persons in Unauthorized Occupation of Public Land Act, 1971, after the individuals failed to appear for a hearing based on flimsy grounds.
Although the eviction order was not challenged, its execution was inadvertently stayed by an interim order from the Gauhati High Court on January 8, 2020. Notably, the petitioners in their writ petition had explicitly stated they were not aggrieved by the eviction order and only sought to quash the cancellation of Atoshe’s allotment and the subsequent cancellation of the 22 individuals’ pattas.
The Nagaland advocate general successfully moved for a modification of the interim order and the Gauhati High Court on December 4, 2020 clarified that the petitioners could only claim rights to land under dag no. 79/97 at Ekaranipathar, not dag nos. 38 and 40 at Diphuphar. The writ petition was subsequently withdrawn by the petitioners.
Following the vacation of the stay/status quo order modified by the high court on December 4, 2020, the Dimapur DC issued an order on December 11, 2020 directing the 22 persons to vacate the land at dag nos. 38 and 40 of Diphuphar within 60 days. However, 13 of these individuals challenged the order in the Civil Court, Senior Division, Dimapur, which granted a stay, leading to further appeals that were dismissed. The state government then filed a civil revision before the Gauhati High Court (CRP no. 104 of 2024).
Separately, Atoshe filed a civil suit (no. 22/19) claiming right, title, and possession over land in dag nos. 40/100 and 117 of Diphuphar, and an interim application for status quo was also granted. The state government also filed a civil revision against this (CRP no. 105/2024).
However, in its decisive judgment on May 27, the Gauhati High Court, Principal Bench, quashed both temporary injunctions, while in CRP no. 105 of 2024 concerning Atoshe’s case, the court held that injunctions could not be granted for land acquired for infrastructure projects like airport extensions (citing Section 41 (ha) and Schedule of the Specific Relief Act). It further noted that land patta for dag no. A/40 was cancelled in 2005 and Atoshe’s possession was illegal, making him a trespasser and therefore ineligible for equitable relief. The court also highlighted Atoshe’s suppression of material facts, as he failed to disclose the 2005 cancellation of his land patta.
Similarly, in CRP No. 104 of 2024, pertaining to the 13 evicted persons, the high court reiterated that injunctions could not be granted for land acquired for airport expansion and emphasised the discrepancy in dag numbers, noting that the respondents’ land was admittedly in Ekaranipathar, while the illegally occupied land was in Diphuphar. It was also pointed out that the petitioners had conceded in previous writ petitions that their land was in Ekaranipathar, not dag nos. 38 and 40.
The landmark judgment of the Gauhati High Court validated the actions taken by the commissioner and Dimapur DC, reaffirming the state government’s authority to reclaim land essential for public development projects.
Accordingly, the Commissioner said the state government would carry out the eviction drive to ensure the unhindered expansion of Dimapur airport.
Police clamp prohibitory order
In anticipation of the eviction of illegal encroachments on Dimapur Airport land, the Commissioner of Police (CP) Dimapur has clamped prohibitory order within the area bounded by Chathe River/Nihoto to the east, the Airport boundary to the west, Ekranipathar to the north, and the Diphupar (173 Battalion CRPF Camp) to the south with effect from 8pm on June 12, 2025, until 6pm on June 13, 2025, unless lifted earlier.
Citing “reasonable apprehension of resistance or physical obstruction”, CP Dimapur Kevithuto has prohibited assembly of five or more persons and carrying of lethal weapons or dangerous articles (including lathis, daggers, machetes, sticks, spears, catapults).
Authorities have urged residents and visitors to cooperate fully to ensure a peaceful and orderly eviction process.