(1.) 102 Nos. of petitioners approached this court under Article 226 of the Constitution of India praying for issue of writ as they suffered loss at a tune of Rs.31,34,658.00(Rupees thirty one lakhs thirty four thousand six hundred fifty eight) only due to the damaged caused to the trees, crops and houses due to the construction of a motorable road by BRTF/respondent No.5.
(2.) The learned counsel appeared for and on behalf of the petitioners submitted that, after the damaged caused to the property of the petitioners, a joint survey was conducted by the Deputy Commissioner and BRTF together and assessed the damaged at the tune of Rs.31,34,658.00 and which is at Annexure-6. In spite of the assessment done by the Deputy Commissioner in the month of March, 2000 till date, the compensation for damaged has not been paid to the petitioners, so, they compelled to approach this court by way of writ under Article 226 of the Constitution of India. On the other hand, learned Addl. Advocate General appeared for and on behalf of the State Mr. A.K. Rokhum, submitted that state has nothing to do in this case after joined survey and preparation of compensation statement which is at Annexure-6. Learned counsel for the NEC, Mr.Vanlalnghaka, submitted that NEC has already paid the amount involved to the BRTF, so, it is the BRTF should make the payment not the NEC. On the other hand, the counsel for the BRTF Mr.Vanlalnghaka has submitted that it is NEC to give fund, so, BRTF can pay the compensation assessed by Deputy Commissioner and BRTF jointly. Learned counsel, Mr.S.N.Meitei, also submitted that the instant writ petition is not maintainable on the ground that petitioners had an opportunity to approach the Civil Court and should not have come directly to the High Court under Article 226 of the Constitution of India. He also further submitted that petitioners very carefully bypass the Civil Court just to avoid the delay already been caused to file the Civil Suit.
(3.) After hearing the learned counsels for the petitioners and respondents. It is cleared and admitted facts that damaged has been caused to the property of the petitioners and there is no denial about it as appeared from the submission forwarded by learned counsels at bar.