MOIRANGTHEM ONGBI IBETON DEVI Vs. STATE OF MANIPUR REPRESENTED BY COMMISSIONER(REVENUE), GOVT. OF MANIPUR

JUDGEMENT

(1.) THIS writ appeal has been preferred against the judgment and order dated 07.06.2010 passed in W.P(C) No.220 of 2010 by which the learned Single Judge directed the release of the compensation amount to the writ petitioners (presently respondents No.1 to 7) whose names were shown in Sl.No.61 of the Award made by the Collector, Land Acquisition, Imphal West District, Manipur under Land Acquisition Act, 1894 within a period of one month, on various grounds, inter alia, that the writ petitioners had filed the said writ petition by suppressing material facts about the ownership of the land in issue and also by not impleading the present appellants, who are claiming to be the real owners of the land acquired.

(2.) ACCORDING to the appellants, the appellants and the private respondents (writ petitioners) are the descendants of one late Salam Sanarok Singh, who was the original owner and pattadar of a homestead land under old Dag Nos. 4 and 5 under Patta No.860 of Village No.85, Sagolband, Imphal West District. Later on, Mangol Devi, the daughter of Salam Sanarok Singh purchased certain land under old Dag No.8, 9, and 10 under old patta No.724 of village No.85, Sagolband in the year 1939 in an auction sale. Subsequently, the lands inherited by the legal heirs were amalgamated into with the new patta No.1017 covered by dag No.11/16, Village No.85, Sagolband, which was subsequently renumbered as new patta No.1651 covered by new dag No.17 and 45. Later, certain disputes arose regarding the ownership amongst the descendants of the said Salam Sanarok Singh and her daughter, Mangol Devi. The private respondents No. 4, 6 and filed a declaratory suit against the appellants and another being Original Suit No.8 of 97/3/1999 in the Court of Civil Judge, Junior Division, Imphal West claiming reliefs, inter -alia, that the land under patta No.85/1017/1651 Imphal West Tehsil belongs to them but the said suit was dismissed by the Court on 28.3.2001. The judgment and decree passed by the Court of Civil Judge, Junior Division, Imphal West was challenged before the Addl. District Judge, Manipur East in an appeal, which, however, was also dismissed by the appellate Court. Thereafter, a Second Appeal, being S.A. No.1 of 2008 was preferred which is pending before this Court. It is also stated that the present respondents No, 1, 2 and 3 had also filed another suit against the present appellants being O.S. No.11 of 2007 before the learned Court of Civil Judge, Senior Division No.I in respect of the said suit land which is now pending before the Court. According to the appellants, during the pendency of the aforesaid two cases, the Revenue Department, Govt. of Manipur issued a notification dated 14.7.2008 u/s 4(1) of the Land Acquisition Act, 1894 notifying for acquisition of certain lands for the purpose of widening of National Highway No.53 from Wahengbam Leikai to Oriental College Gate of Village No.85, Sagolband. In the schedule annexed to the said notification, the names of the present respondents No. 1, 2, 3, 6, 7 and the father of the respondent No.5 were shown as pattadars in respect of the said land under old patta No.1017 and new patta No.1651.

(3.) ACCORDING to the appellants, however, the present private respondents as writ petitioners, without making the appellants as party respondents, approached the Gauhati High Court by filing a writ petition being W.P(C) No.220 of 2010 for a direction to the official respondents to release the compensation amount of Rs.2,85,992/ - by concealing all the materials facts as averred to above. In the said writ petition, the counsel for the State Government had stated that there was certain objection by four persons as per representation dated 28.01.2010 for not releasing the compensation amount to the writ petitioners. The learned Single Judge, upon hearing the parties by holding that there was no scope for the Collector, Land Acquisition to entertain any objection from any individual or group of individuals in a land acquisition proceeding after the award has been announced, directed for release of the compensation amount to the writ petitioners whose names were shown in Sl.No.61 of the award within a period of one month, vide order dated 07.6.2010 passed in W.P(C) No.220 of 2010, on the basis of earlier orders passed in W.P(C) No.280 of 2009, W.P(C) No.281 of 2009 and W.P(C) No.282 of 2009 on 06.4.2010.