MEINAM MEMCHOUBI @ GOMTI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing the proceeding initiated by the respondent No. 2 vide his letter dated 27.10.2014 to have refunded the amount deposited by him in the Court of District Judge, Manipur East under Section 18 and 30 of the Land Acquisition Act, 1894 with reference to his letter No. DC/(Imphal West)/6/7/LA/KAG/07(Vol-IV) dated 11.08.2014 and also praying for quashing the land acquisition proceeding undertaken by the State Government vide notification No. 4/10/LA/2010-Com(Rev) dated 21.07.2009 under Section 4 of the Land Acquisition Act, 1894 and the subsequent declaration notified vide notification No. 4/10/LA/2009-Com (Rev) dated 21.05.2012 by the same Government under Section 6 and 7 of the same Act and also praying for a direction to the respondents to either initiate fresh land acquisition proceeding for his land acquired or return the same.

(2.) Facts of the case are as follows : That, in the year 2009 the Government of Manipur which is respondent No. 1 initiated land acquisition proceeding for widening National Highway (NH) No. 150 from Keisha-mpat to Malom Bazar and for that issued a notification under Section 4 of the Land Acquisition Act, 1894 on 21.07.2009 and thereafter issued a declaration under Section 6 of the same Act on 12.07.2010 and thereafter, issued another order on 21.05.2012 under the same Section in supersession of the earlier order and announced the award of compensation to the land owners affected by the road widening on 14.10.2014. The land of the petitioners was also one of the lands affected by the project, therefore, their names were also mentioned at Sl. No. 68 of the list of persons who were awarded compensation for their land and property affected by the acquisition. The award dated 14.10.2014 is reproduced here below :

(3.) Despite the direction of this High Court and the letter of the State Government mentioned above, the respondent No. 2 issued a notice on 28.07.2014 No. DC(IW)/6/7/LA/KAG/07(Vol-V) notifying a joint hearing on 31.07.2014 at 11:00 A.M. in connection with the release of compensation in respect of the land of the petitioners and that of their neighbours. Being aggrieved, the petitioners again approached this High Court by filing a writ petition which was registered as W.P.(C) No. 568 of 2014 praying for issuance of writ of mandamus directing respondent No. 2 to make a reference under Section 18 read with Section 30 of the Land Acquisition Act, 1894 in respect of their land without any further delay as already directed by this High Court in the order dated 26.06.2013. This High Court in the case filed by the petitioners passed an interim order on 06.08.2014 directing that till next date the compensation amount relating to the land may not be released either in favour of the petitioners or in favour of the private respondents.