STATE OF MANIPUR Vs. HUMDUNG VICTIMS OF DEVELOPMENT

JUDGEMENT

(1.) These appeals are by the State of Manipur and another, by special leave, and are directed against the common Judgment and Order dated 2-2-1993 made in Civil Rule No. 1331/90/1/91 and Original Decree Nos. 4 to 7 of 1984 by the Imphal Bench of the Gauhati High Court.

(2.) When, (i) mini cement with an approach road, (ii) Imphal-Ukhrul road, and (ii) Nungshangkhong mini Hydro Electricity Power Project had to be constructed within the area of Hundung village, only lands required for construction of mini cement factory with an approach road and of the Nungshangkhong mini Hydro Electricity Power Project were proposed to be acquired under the Land Acquisition Act, 1894, -the Act. However, on completion of such acquisition, necessary awards under the Act for payment of compensation to the owners of acquired lands, it is said, were made by the Collector - Land Acquisition officer, concerned. Those owners of lands, not being satisfied with the amounts of compensation awarded to them under the respective awards, it is also said, had got their references under the Act brought up before the Civil Court and sought for grant of enhanced amounts of compensation for their acquired lands. But, it appears, that the Civil Court, which did not grant them the enhanced compensation sought from it, rejected the references. Aggrieved by rejection of their references by the Civil Court, the owners of the acquired lands, it appears, appealed before the Gauhati High Court, questioning the awards' made by the Civil Court, by filing appeals - Original Decree Nos. 4 - 7 of 1984, when these appeals were pending decision before the High Court, a Writ Petition, Civil Rule No. 1331/90/1/91, it appears, came to be filed, by the Respondent-Organisation, by way of public interest litigation, seeking from the High Court a direction to the appellants to grant compensation in respect of lands which were utilised in the construction of the Imphal-Ukhrul road lying within the land area of Hundung village, even though such land was not acquired. Direction for grant of compensation for lands utilised in the construction of Imphal-Ukhrul road, had been sought in that Writ Petition, among other reliefs, on the plea, that those lands were in occupation of some Tangkhul Nagas, as their owners. However, the method resorted to by the High Court of Gauhati to dispose of that Writ Petition is to club it along with other original decree cases, i.e., statutory appeals - Original Decree Nos. 4 to 7 of 1984 and dispose of all of them together by a common judgment and order. It is that common judgment and order which is now appealed against in the present appeals, is stated at the outset.

(3.) No doubt, by the common Judgment and Order of the High Court under appeals, certain enhanced compensation is ordered to be paid by the appellants for the lands which had been acquired under the Act, according to the directions given thereunder. Though directions given by the High Court for payment of enhanced compensation in respect of the lands acquired under the Act do not conform to the requirements of law, Shri Alaf Ahmad, the learned Addl. Solicitor General did not wish to question the sustainability of the same and very rightly, having regard to the fact the beneficiaries of such enhanced compensation would be Naga Tribals and the amount involved in each case would be meagre. Even, as regards directions given by the High Court for payment of certain compensation to 22 Naga Tribals in respect of lands alleged to be in their cultivation and utilised by the State for construction of Imphal-Ukhrul road, lying within the area of Hundung village, he did not feel so much concerned, having regard to the impecunious circumstances of the beneficiaries, as was rightly expected of him representing the Union Government. However, he sought to assail the sweeping findings recorded in para 25 of its judgment by the High Court that (i) there is no Government Khas land in the hill areas of Ukhrul:(ii) the ownership of land situated in hill villages of Manipur vests in the villagers; (iii) the Naga Tribals do not hold the land under the pleasure of the Government purporting to act on the Judicial Commissioner's views said to have been expressed in the case of Luitang Khullakga and Others v. Deputy Commissioner of Manipur and Others, which read thus: