STATE OF MANIPUR Vs. MAITHEM DEBEN SINGH

JUDGEMENT

(1.) The State of Manipur and its authorities in the Revenue, Land Acquisition and Horticulture Departments are in appeal, aggrieved by the Judgment and Order dtd. 20/9/2018 passed by a learned Judge of this Court in WP(C) No. 306 of 2017. By the said order, the learned Judge allowed the writ petition and set aside the impugned orders dtd. 4/5/2015 and 22/5/2015.

(2.) Heard Mr. N. Kumarjit, learned Advocate General, Manipur, appearing for the appellants; and Mr. H. S. Paonam, learned senior counsel, appearing for the respondents.

(3.) Facts relevant to this adjudication fall in a narrow compass. The lands of the respondents were acquired by the State for expansion of the Imphal Tulihal Airport. The Award fixing the compensation therefor under the Land Acquisition Act, 1894 (for brevity, 'the Act of 1894'), was passed on 21/2/2009. This Award pertained to the compensation payable for the lands only and indicated that a separate statement for the compensation payable for standing properties would be issued thereafter. Accordingly, Addendum dtd. 27/11/2010 was issued by the DC/Collector, Land Acquisition, Imphal West District, quantifying the compensation payable for supplementary standing properties, i.e., buildings, forests, standing crops, fish farms, etc. However, it appears that a resurvey was undertaken after considerable time leading to the issuance of Order dtd. 4/5/2015 by the Under Secretary, Horticulture and Soil Conservation Department, Government of Manipur, cancelling all earlier and latest survey/assessment reports, including the claims for compensation, etc. with immediate effect in public interest. This order recorded that the initial reports had concealed the actual facts and there were no floriculture farms, green houses/shade nets, Mushroom Units, buildings, forests, fish farms, etc. in existence. Pursuant thereto, the DC/Collector, Land Acquisition, Imphal West, issued order dtd. 22/5/2015 cancelling the Addendum dtd. 27/11/2010.