THE COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH AND ORS. Vs. THE KOMBIREI HOUSING CO-OPERATIVE SOCIETY LTD. AND ORS.

JUDGEMENT

(1.) THESE two writ appeals have been filed by the Council of Scientific and Industrial Research, New Delhi against the common judgment and order passed by the learned Single Judge dated 16.11.2000 in Civil Rule No. 43 of 1996 and Civil Rule No. 947 of 1998. The appellants were the petitioners in C.R. No. 43 of 1996 whereas Kombirei Housing Cooperative Society Ltd. and Secretary of the said Cooperative Society were the petitioners in C.R. No. 947 of 1998.

(2.) THE brief background of the case is that the appellant No. 1, the Council of Scientific & Industrial Research is a society registered under the Societies Registration Act, 1960. The Memorandum of Association of the Council of Scientific and Industrial Research shows that the objective of the Council being scientific and industrial/applied research of national importance, its major activities should be in respect of research and development of projects of national priority, research and development of projects sponsored by industries in the private/public Sector, research and development directed towards continuous improvement of indigenous technology and adaptation and development of imported technology, research and development of new technologies etc. and also establishment or development of special institutions or departments of existing institutions for scientific study or problems affecting particular industries and trade, establishment and award of research fellowships and financing specific researches etc. The said society established Regional Research Laboratory (RRL) at Jorhat with a Director as its head to undertake various research and developmental works in respect of different industrial resources available in the North Eastern Region. In order to achieve its objective and in order to take up research and developmental works in the State of Manipur, the appellants approached the Govt. of Manipur sometime in the year, 1973 for allotment of a piece of land within Lamphelpat area where there was ample scope for taking up scientific and research work in respect of medicinal and oil yielding plants. On the basis of such application, Govt. Of Manipur, by order dated 11.3.1975, allotted 30 acres of land under C.S. Dag No. 3002(T) of Village No. 91 -A Lamphelpat IWT in terms of the provisions contained in Manipur Revenue and Land Reforms Act, 1960 (hereinafter called as the, "1960 Act") in favour of the appellant No. 2. The premium for the purpose of allotment was exempted. However, the allotment order did not specify the boundaries of the land allotted in its favour for which the appellant No. 2 sought for clarification and in response an order was passed on 30.6.1975 specifying the boundaries of the allotted land. Possession of the land was thereafter handed over to the respondents on 20.1.1977. It is the case of the appellants that after taking over possession, the boundary wall work was completed sometime in the month of May, 1978 and the name of the appellant No. 2 was recorded in the related revenue records.

(3.) THE learned Single Judge dismissed the writ petition filed by the appellant on the ground that they had no enforceable legal rights. However, C.R. No. 947 of 1998 filed by the Cooperative Society was allowed solely on the ground that it was not given any opportunity to show cause before the order of cancellation was passed in respect of the allotment made in favour of the said society.