XXX Vs. THE STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) The present Public Interest Litigation petition has been filed seeking for a direction to the Respondents No. 1 to 3 to take necessary steps under the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 and the Rules framed thereunder, for evicting the respondents no. 4 to 6 and their men and privies from the Government land and also for a direction to the State respondents to verify the unauthorised encroachers in the Government land in the campus of the Chief Medical Officer (CMO), Ukhrul and Chief Judicial Magistrate (CJM), Ukhrul and direct the respondent no. 3 (the Deputy Commissioner, Ukhrul) to take up necessary actions under the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 and the Rules framed thereunder.

(2.) It is the case of the petitioner that the respondents no. 4 (Union Baptist Church), 5 and 6 and their men and privies had unauthorisedly occupied a piece of State Government land measuring about 400 feet in length (approx) and 150 feet in breadth (approx) in Ukhrul town and started constructing pucca building and fencing around the campus. Because of the aforesaid unauthorised construction, the Deputy Commissioner had issued a notice dated 23.12.2008 to the respondent no. 5 under the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 requiring him to remove the construction made in the Government land within 7 days. On failure to do so by the respondent no. 5, the Deputy Commissioner vide his letter dated 2.1.2009 directed the SDO, Ukhrul to ensure removal of the physical structure at the earliest. The respondents no. 4 to 6 along with some other members of the Union Baptist Church, Ukhrul challenged the said notice/letter before the Gauhati High Court, Imphal Bench in W.P.(C) No. 18 of 2009 which was allowed by the Hon'ble High Court vide order dated 15.1.2009 on the ground that the aforesaid notice & direction were issued without following the procedure provided under the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978. However, the Hon'ble Court also made it clear that the Deputy Commissioner/Competent Authority shall be at liberty to take appropriate course of action as provided under law. The submission of the petitioner is that in terms of the aforesaid observation made, the Deputy Commissioner ought to have taken appropriate actions for evicting the unauthorised encroachers by following the provisions of the Manipur Public Premises (Eviction of Unauthorised Occupants) Act, 1978 which the authority failed to do, because of which the present PIL petition has been filed. In addition, it has been also alleged that there has been unauthorised encroachments in the Government lands in the campus of CMO, Ukhrul and CJM, Ukhrul for which necessary action ought to be taken up for eviction of the unauthorised encroachers.

(3.) The petition has been contested by the respondents 4, 5 and 6 by filing an affidavit-in-opposition in which it has been stated that there has been a dispute between the Hundung Village and the Ukhrul Village in respect of certain piece of land lying between these two villages since the year 1922-23 which led to passing of an order dated 28.10.1922 by the then SDO/NE Area in Misc. Case No. 75/NE of 1922-23. The aforesaid order darted 28.10.1922 being of some importance is reproduced hereinbelow:-