STATE OF MANIPUR Vs. ZAMLIANLAL HAOKIP

JUDGEMENT

(1.) Heard Mr. R.K. Umakanta, learned Government Advocate appearing for the appellants, Mr. Ashish Deep Verma, learned counsel assisted by Mr. Tapan Sharma, learned counsel appearing for the respondent No. 1 and Mr. Kh. Samarjit, learned DSGI appearing for the respondent Nos. 2, 3 and 4.

(2.) The core issue involved in the present appeal is about the valuation of the land under acquisition. The Collector of the land acquisition fixed the valuation of the land at Rs.20.00 per square feet, however, on a reference being made, the reference court enhanced the valuation of the land under acquisition at Rs.35.00 square feet under its judgment dtd. 19/9/2018 passed in Original (Land Acquisition) Case No. 1 of 2018. The present appeal is filed by the appellants challenging the said judgment passed by the reference court with the prayer for setting aside the same.

(3.) The Commissioner (Revenue), Government of Manipur issued a Notification dtd. 10/5/2017 under Sec. 11(1) read with Sec. 40(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Acquisition Act', for short) notifying that land measuring 100 acres at Songpi Village, Churachandpur District, Manipur, as described in the schedule of the said notification, was likely to be needed urgently for the purpose of construction of Key Location Plant of Sector Headquarter and one Assam Rifles Battalion for maintenance of law and order and national security. In the said notification, it is also mentioned that since the land was required for the project falling within the purview of Sec. 40(2) of the said Acquisition Act, it was decided not to carry out the social impact assessment study in terms of Sec. 9 of the Acquisition Act.