K. PETER Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. R.K. Nokulsana, learned senior counsel for the petitioners as well as Mr. S. Rupachandra, learned ASG and Ms. Ch. Sundari, learned G.A. for the respondents. 

(2.) THE present writ petition has been filed by 2 (two) petitioners claiming to be owners of certain land called "Thangkang Kamei land" at Noney village in Tamenglong District, Manipur which is stated to have been occupied by the Assam Rifles, and claiming compensation for the said land.

(3.) ACCORDING to the petitioners, the forefathers of the petitioners had reclaimed a vast area of land at Noney village within Nungba Sub - Divisiion, Tamenglong District and started cultivation for their livelihood since year 1938 as allowed by the authorities as evident from the order dated 31.08.1938 of the Court of Sub -Divisional Officer, West Tamenglong in Misc. Matter No. 138 of 1937 -38. The petitioners claim that by virtue of long occupation of the said land, the forefathers of the petitioners had become the owners of the said land. The petitioners also claimed that some years before the filing of the petition, there was a proposal from the State Government for use of a portion of the said land for establishment of "Livestock Composite - Firm" by the Veterinary Department, Government of Manipur, on the understanding that due compensation will be given and suitable employment will also be given to the members of the petitioners' land. The petitioners contended that even though the Veterinary Department, Government of Manipur occupied the land measuring 115 acres, neither compensation nor employment was given in spite of the agreement entered between the petitioner No. 1 on behalf of the Thangkang Kamei Clan and the Government of Manipur. Being aggrieved, the petitioner No. 1 filed a writ petition, being Civil Rule No. 605 of 1990 before the Gauhati High Court which was disposed of by the Gauahati High Court on 13.02.1990 directing the State respondents to consider the representation submitted by the petitioner for payment of compensation. According to the petitioners, in spite of the direction of the Gauhati High Court, no compensation was paid and it has been stated that after occupation of the said land by the Veterinary Department, the land has been forcibly occupied by the Assam Rifles without obtaining any formal order from the State of Manipur or taking permission from the petitioners or the Thangkang Kamei Clan. According to the petitioners, several representations were submitted to the authorities for payment of compensation of the land being occupied earlier by the Veterinary Department and now by the Assam Rifles. The petitioners claim that this forcible occupation of the land has deprived the petitioners and their Clan members from enjoying the benefits arising out of the said land and accordingly have approached this Court by filing writ petition for directing the respondents to pay adequate compensation to the petitioners for the lands stated to have been occupied by the Assam Rifles.