R.K. DINESH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking direction on the respondents to make payment of a sum of Rs.5,16,880.00 i.e. the amount of land compensation for acquisition of piece of the homestead land belonging to him.

(2.) The case of the petitioner is that he is the owner of the homestead land measuring an area of 1.92 acre in C.S. Dag No.7053 situated at No.55 Saiton, Bishnupur District, Manipur. Out the said area of homestead land, a portion of the homestead land measuring an extent of 0.78 acre was acquired by the authorities for construction of Right Side Main Canal of Khuga Project under due process of law. At the relevant point of time, the petitioner was out of station by driving heavy vehicle outside the State i.e. Assam. A sum of Rs.5,16,880.00 was sanctioned by the Collector, Land Acquisition, Bishnupur being the amount of compensation for acquisition of the said portion of the homestead land of the petitioner. The said amount of money issued by cheque in the name of the petitioner was withdrawn fraudulently by forging the signatures of the petitioner and also impersonation by others. The acquisition of land, sanction of compensation and withdrawal of the amount fraudulently came to the knowledge of the petitioner when he reached the State of Manipur. Thereafter, the petitioner requested the authorities for taking up appropriate action so as to get the said amount of money by the petitioner. He has also filed complaint before the Judicial Magistrate, First Class, Bishnupur. Since no action was taken against the persons who involved in the said fraudulent withdrawal of the amount of money by forging the signatures of the petitioner as well as impersonation, the petitioner has filed the present writ petition for action against the persons involved in the fraudulent withdrawal and also for direction to the respondents to make payment of the amount of Rs.5,16,880.00 being the compensation to the petitioner.

(3.) The third respondent-Collector filed affidavit-in-opposition stating that a special notice dtd. 22/2/2007 under Sec. 9(3) and 4 of the Land Acquisition Act, 1984 was served to the affected pattadars, including the petitioner for acquisition of land for construction of the Right Side Main Canal from 25 km to 35 km Khuga Project through the SDO, Moirang. The third respondent announced the award amount on 30/3/2007 in the Court of the Collector, Land Acquisition and the same was informed to the pattadars through the Branch Officer (LA), Bishnupur to produce the required documents at the time of payment of compensation. When the payment of land compensation to the affected pattadars, including the petitioner was made, the petitioner and witness K. Bidyapati Singh, Head Master of Salankonjin Ching Tam Jr. School who were identified by the Up-Pradhan of Saiton G.P. Ahanthem Ibungo Singh of Salankonjin and the petitioner had collected the amount of his land compensation from the office of the Collector, Land Acquisition. The relevant documents of the land acquisition had duly been signed.