SMT. T. NGAIZAVUNG Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for setting aside/quashing the order dated 20.01.2010 issued by the office of the Deputy Commissioner, Churachandpur, rejecting her petition for referring her case to the Civil Judge concerned under Section 18 of Land Acquisition Act 1894, for just and equitable determination of the value of her land acquired for the purpose of constructing Khuga Right Side Canal and the compensation to be paid for the same to her by the State Government, and at the same time praying for issuance of a writ of mandamus/order/direction to the Deputy Commissioner, Churachandpur to do the same.

(2.) In spite of sufficient time given to the respondents to file counter affidavit since the petition was filed and moved on 17.06.2013, the respondents have not bothered to do so, therefore, the matter was taken up and learned counsel representing the parties Mr. Khupchinpao, for the petitioner and Mr. A. Shyam Sharma for the respondents were heard.

(3.) The case of the petitioner is that Government of Manipur proposed to acquire some private lands for the purpose of construction of Khuga Right Side Cannel, in the district of Churachandpur, therefore, a notification No. 38/41/93 -R, dated 27.8.2007 under Section 4 of the Land Acquisition Act, 1894 was issued. Among the lands proposed to be acquired, her lands were included. In the notification, her name and the area of the lands belonging to her were mentioned at Sl. No. 22 and 67. Thereafter, the Government issued another notification No. 38/41/93 -R, dated 21.04.2008 under Section 6 of the Land Acquisition Act, 1894 declaring the lands specified in the schedule therein were needed for the public purposes, that is, for construction of Khuga Right Side Cannel and directed the Collector Land Acquisition to order for acquisition of lands under Section 7 of the same Act. In pursuance of the said notification, the Collector Land Acquisition, Churachandpur issued a general notification No. DC(CCP)/LA/2005 -3, dated 29.04.2008 under Section 9 (i) & (ii) of the Land Acquisition Act, 1894 specifically mentioning the lands to be taken over by the Government and at the same time invited all persons interested in the lands mentioned therein to file specific written claim and objections, if any by 13.05.2008, and to appear personally or by agent, and submit it at the office of Deputy Commissioner or Deputy Collector, Churachandpur, as per Section 8 of the Land Acquisition Act.