On May 23, 2025, the Supreme Court of India set aside the Gauhati High Court’s directive that mandated the Nagaland government to recognize Kakiho Village within three months. The apex court found that the procedural requirements outlined in the state’s official memoranda from 1996 and 2005 were not adequately fulfilled.

Procedural Lapses Identified: The Court noted that the necessary conditions for village recognition, such as obtaining a ‘No Objection Certificate’ (NOC) from the ancestrally owning village and issuing a 30-day public notice to invite objections, were not properly addressed. Specifically, while a public notice was issued and the Old Jalukai Village Council filed objections, it remained unclear whether these objections were thoroughly considered by the Deputy Commissioner of Dimapur before proposing the recognition of Kakiho Village.

Directive for Fresh Proceedings: The Supreme Court instructed the Nagaland government to re-initiate the recognition process for Kakiho Village. This includes issuing a new public notice, allowing a 30-day period for objections from all stakeholders, and comprehensively evaluating these objections. The state is given a six-month timeframe to complete this process and make a definitive decision regarding the village’s recognition. Failure to adhere to this timeline will be viewed seriously by the Court.

Emphasis on State Responsibility: The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, emphasized that the responsibility of administrative decision-making lies with the state. They highlighted that the courts should not be burdened with duties that are meant for the executive branch, urging the state to fulfill its role in ensuring proper governance of its districts and villages.

This ruling underscores the importance of adhering to established procedures and respecting customary practices in administrative decisions, especially those involving land and community rights in regions like Nagaland.

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