KHARIBAM IBOMCHA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioners, numbering 89, seek interference with the notification issued under Section 6 of the Land Acquisition Act, 1894 declaring that the lands specified in the schedule thereto are needed for public purpose. The prayer of the petitioners is to set aside and quash the said notification and to issue a writ of Mandamus directing the respondents not to interfere with the peaceful possession of the land in question.

(2.) WHILE entertaining the writ petition, this Court by order dated 16. 1. 2008 partially stayed the notification. However, the stay order was vacated on the basis of the application filed by the respondents for vacation of the said interim order. The application was registered and numbered as Civil Misc. Application No. 62/2008. The prayer made in the application was allowed by order dated 11. 4. 2008 making a grievance against which the petitioners preferred a writ appeal being W. A. No. 143/2008. By order dated 26. 5. 2008, the writ appeal was disposed of refusing to interfere with the order dated 11. 4. 2008 by which the earlier interim order was vacated. However, the Division Bench provided for hearing of the matter on 17. 6. 2008 by the appropriate Bench.

(3.) AS per the averments made in the writ petition, the petitioners are owners, possessors and recorded pattadars of the lands situated opposite to the main gate of the Manipur University towards southern east side along with the National Highway-39. They are in possession of the land for the last many decades by constructing dwelling house, shops, educational institutions, other business premises, petrol pump etc. and even by constructing a market in the name and style of 'tankha Bazar' which according to the petitioners, has become lifeline of hundreds of families living in the area.