A.S.BARNABAS Vs. U.O.I

JUDGEMENT

(1.) Heard Mr. Rs. Reisang, learned senior counsel assisted by Mr. Wungpam Yangya, learned counsel appearing for the petitioners, Mr. S. Samarjeet, learned senior panel counsel appearing for the respondents No. 1-4, 7 and 8 and Mr. Niranjan Sanasam, learned Government Advocate appearing for the respondents No. 5 and 6.

(2.) The present writ petition had been filed with a prayer for directing the respondents No. 1 to 4 to deposit the amount of compensation awarded by the Deputy Commissioner, Ukhrul, in his award of compensation dtd. 15/12/2018 in Land Acquisition Case No. 5 of 2015 and also praying for directing the respondents for payment of interest to the affected land owners as provided under Sec. 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) The brief facts of the present case are that by a letter dtd. 7/2/2007, EE (Civil) Officer Commanding 84 Road Construction Coy (GREF), approached the Deputy Commissioner, Ukhrul to initiate land acquisition proceedings for improvement of NH-150 (now 202) from Yaingangpokpi to Ukhrul to Double Lane having wide of 24 meter in open areas and 20 meter in build up areas. 4. As per the request made by the requiring authority, the Deputy Commissioner, Ukhrul issued a notification dtd. 1/10/2009 for conducting verification/survey of land/areas to be affected in developing double lane specification of the existing status of NH-150 from Hundung Junction to Yaingangpokpi by a joint team comprising of Revenue Department, representative of BRTF/84 RCC (GREF), EE (PWD) Ukhrul, DO (H and SC) Ukhrul and DFO (Forest) Ukhrul w.e.f., 5/10/2009 till completion of the verification/survey process. The joint survey team conducted the survey and measurement of the road stretches and after completion of the said survey and measurement, the DC approached the Commissioner (Revenue), Government of Manipur, for issuance of preliminary notification under Sec. 4 of the Land Acquisition Act, 1894. However, the Commissioner (Revenue) instructed the DC that a tentative amount of compensation should be deposited by the requiring department so that land acquisition proceeding could be initiated. 5. As per the instruction of the Commissioner (Revenue), Government of Manipur, the DC, Ukhrul make tentative assessment of compensation in respect of lands and standing properties likely to be affected in developing the NH-150 from Hundung to Finch Corner into double lane specification altogether amounting to Rs.3,72,34,946.00 (Rupees three crores seventy two lakhs thirty four thousand nine hundred and forty six) and submitted the said estimated amount of compensation to the Officer Commanding, 84 RCC (GREF), under a letter dtd. 8/12/2009. In the said letter, the DC, Ukhrul made it clear that the assessment of compensation for other categories of land except residential, paddy field and farm have been excluded and that the final award of compensation can be ascertained after completing all the mandatory stages of land acquisition proceeding under provision of Land Acquisition Act. 6. Pursuant to the submission of the said estimated amount of compensation by the DC, Ukhrul, the requiring department sanctioned and deposited the estimated amount of compensation to the DC, Ukhrul, vide letter dtd. 15/10/2012 of the EE (Civ) OIC CA. After depositing the said estimated amount of compensation by the requiring department, land acquisition proceeding was initiated by the Commissioner (Revenue), Government of Manipur by issuing a notification dtd. 2/11/2012 under Sec. 4 (1) of the Land Acquisition Act, 1894 notifying that an area of 77.2453 acres of land described in the schedule, annexed to the said notification, are likely to be needed for development/improvement of NH-150 road stretch from Hundung Junction, Ukhrul to Finch Corner in Ukhrul District. However, before completion of the said land acquisition proceeding, a new Act, i.e., the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("Act of 2013" for short) came into force, repealing the earlier Land Acquisition Act, 1894 and as such, the Government of Manipur decided to initiate the Land Acquisition proceeding afresh under the said Act of 2013. Accordingly, the Secretary (Revenue), Government of Manipur issued a notification dtd. 22/6/2015 under Sec. 11 (1) of the Act of 2013 notifying that the land measuring 78.6938 acres of land described in the schedule, annexed to the said notification, are likely to be needed for development of NH-150 (now NH-202) from Hundung to Finch Corner in Ukhrul District. In the said notification, the number of land owners who are going to be affected by the said land acquisition are shown as 266. 7. After completing all the procedures and formalities prescribed under the Act of 2013 and the Rules made thereunder, the DC, Ukhrul passed an award of compensation dtd. 15/12/2018 in Land Acquisition Case No. 5 of 2015 amounting to Rs.26,79,37,214.00 (Rupess twenty six crores seventy nine lakhs thirty seven thousand two hundred fourteen) for payment to the affected land owners. In the said award, the DC, Ukhrul classified the acquired land into 4 (four) categories and determined the market value of the land as under:-