SOIBAM TOMBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr.H.Biramani, learned counsel for the petitioner, Ms Sundari, learned GA appearing for respondent Nos.1, 2 and 3 as well as Mr.N.Ibotombi, learned senior counsel for respondent Nos.4 and 5.

(2.) BY this writ petition, the petitioner is praying for a direction to the respondents to pay compensation for his agricultural land. The said prayer is based on the following fact that: The agricultural land under patta No.36/27 (Part), (Old)/ 143 (New) covered by C.S.Dag No.1083, having an area of .35 acre situated at village No.36, Tendongyan, Imphal West was recorded in the name of Smt.Thangjam (N) R.K.(O) Manitombi Devi, w/o R.K.Sanajaoba Singh of Thangmeiband, D.M.College Campus, PO & PS Imphal West District. The petitioner purchased the said agricultural land from the original owner, i.e. Smt Manitombi Devi, under registered Sale Deed bearing No.152 dated 24.01.1997. The said agricultural land was taken over by the respondent Government for improvement of National Highway 39, Maram -Imphal Section 305 Km to 307 Km. The Governor of Manipur, in exercise of the power under Section 4 of the Land Acquisition Act, 1894 issued notification dated 22.06.2000 notifying that the lands mentioned in Annexure -A to the said notification, are likely to be needed for improvement of NH 39 Maram -Imhal, i.e. Section 305 Km to 307 Km. The list of the lands mentioned in Annexure -A to the said notification also include the said land of the petitioner. However, in the said list, name of the petitioner is not shown as the owner of the said agricultural land and the name of the original owner i.e. Smt Manitombi Devi had been shown as owner.

(3.) THE respondents had filed their affidavit in opposition wherein it is admitted that the acquisition process of the petitioner's land had already been started by issuing the said notification dated 11.09.2000. In the affidavit in opposition, it is further stated that because of lapse of two years, as provided in Section 11 A of the Land Acquisition Act, the Collector of Land Acquisition/Deputy Commissioner, Imphal West, could not make award. The D.C., Imphal West/Collector of Land Acquisition, under his letter dated 15.12.2009 had already requested the Chief Engineer, PWD, Manipur to intimate whether the lands are still required for acquisition and, if so, to move the concerned authority for fresh proposal for acquisition of the land in question. For easy reference, the said letter of the D.C./Collector, Land Acquisition, Imphal West dated 15.12.2009 Annexure -X/3 to the affidavit in opposition is quoted hereunder: