JOSEPH Vs. UNION OF INDIA; INSPECTOR GENERAL, ASSAM RIFLES; COMMANDING OFFICER; STATE OF MANIPUR; DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard Ms. H.Bisheshori Devi, learned counsel for the petitioner and Mr. C. Komol, learned CGSC for the respondents.

(2.) The present writ petition has been filed by the petitioner claiming to be the Chairman of Kashung Village, Ukhrul District seeking payment of compensation in respect of 30 acres of land known as Koktaibung Hill said to belong to his village under occupation of the Assam Rifles.

(3.) The Assam Rifles authorities/respondent Nos. 1, 2 and 3 had filed their affidavit-in-opposition in which it has been denied that the said Koktaibung Hill belongs to the Kasong village and it has been submitted that the Assam Rifles occupied the post in 2008 after it was vacated by the Border Security Force and the area occupied by the post is a small one. It has been also submitted that there is no document of title to show ownership over the said land. It has been stated that before the post was occupied by the 12 Assam Rifles presently, the said post was earlier occupied by 1st Assam Rifles and the petitioner had issued a no objection certificate to the 1st Assam Rifles on 23.6.2005 allowing occupation of 5 acres of land and accordingly, it was denied that the Assam Rifles are occupying 30 acres of land but admitted 3 occupying only 5 acres of land. Accordingly, the relief/claim of the petitioner has been resisted on the ground of lack of proof of title over the said land occupied by the security forces and also on the ground of inordinate delay.