2006 Supreme(Gau) 198
GAUHATI HIGH COURT
T.Nanda kumar Singh, J.
Kabo Leikai Nupi Keithel Development Committee and Anr. -Appellant
Versus
State of Manipur and Ors. -Resopndent
Civil Rule No. 555 of 1996
Decided On : 28-02-2006
R.K.Milan, Ch.Bidyamani Devi, A.Nilamani Singh, A.Bimal, R.K.Nokulsana Singh
Headnote:
Natural Justice - Land Allotment Dispute - M.L.R & L.R. Act, 1960 - Rule 18 of Manipur Land Revenue and Land Reforms (Allotment of land) Rules, 1962
Fact of the Case:
The petitioner-committee sought allotment of Govt. Khas land for constructing sheds to run their businesses. After thorough enquiry, the Governor of Manipur allotted the land to the committee. Subsequently, without notice, the Governor issued an order canceling the allotment based on the claim of the Imphal Municipal Council.
Finding of the Court:
The court found that the cancellation order was issued in violation of the principle of natural justice and lacked fairness and fair procedure. The court quashed the cancellation order.
Issues: Violation of natural justice, fairness, and fair procedure in the administrative action of the state respondents.
Ratio Decidendi: The court emphasized the importance of the principle of natural justice and fair procedure in administrative actions, citing relevant case law to support its decision.
Final Decision: The court allowed the writ petition, quashing the cancellation order and directing parties to bear their own costs.
2. The brief facts of the case of the petitioner-committee are that Kabo Leikai Nupi Keithel Development Committee had been formed by the Women Vendors doing business of different trades in the sheds constructed over the Govt. Khas land under Dag No.805(P), 856(P), 808(P), 833(P), 807(P) and 812(P) of village No.25(A) I.E., with the sole object of running of their business on the said land by seeking allotment of the same from the State Government. The petitioner-committee is a registered body having Registration No.101 of 1995 registered under the Societies' Registration Act.
3. The petitioner-committee approached the Government for the allotment of the said land for the purpose of constructing sheds for running business by converting the same to a market place. While considering the applications filed by the petitioner-committee for allotment, the concerned authority of the Revenue Department, Government of Manipur made an enquiry as to whether or not the said land was a Govt. khas land and also whether or not the said land was a part of the land vested with the Municipal Council. It is also said that the Revenue Department, Government of Manipur also sought the necessary information regarding this land from the Secretary (Planning & Development Authority), Manipur. The Imphal Municipal Council after making a thorough enquiry about the said land had informed the Commissioner (Revenue), Govt. of Manipur that the said land is not vested with the Municipal Council and also there was no plan of the Council on the said land under the letter of the Executive Officer, Imphal Municipal Council being No.IM/19(Pt)/90-91/305 Imphal, the 16th July 1994 to the Commissioner (Revenue), Govt. of Manipur.
4. After making a thorough enquiry about the status and condition of the said land, the Governor of Manipur in exercise of the powers conferred under section 14(2) of the M.L.R & L.R. Act, 1960 read with Rule 18 of Manipur Land Revenue and Land Reforms (Allotment of land) Rules, 1962 was pleased to allot the said land under the Dag. Nos. mentioned above of Village No.25(A) Kabo Leikai Nongpok sheet No.5 Imphal Municipality to the 37 members of the petitioner-committee for shop site purpose subject to the reservation of an area of 50 ft. from the centre line of Ukhrul Road (Tinsid Road) vide order No.4(1)/31/94-R, Imphal, the 12th October, 1995. It is said that the said allotment order was made after taking into consideration of the long and continuous possession of the said land by the members of the petitioner-committee by developing with huge amount of money and their genuine business in the said land.
5. Necessary premium has also been paid by the petitionercommittee in compliance with the allotment order dated 12.10.1995 and accordingly deed of allotment had been executed on 2.2.1996. Thereafter, formal delivery of possession of the said land to the petitioner-committee had been made on 6.2.1996. After completing all the formalities for preparation of the patta of the said land allotted to the petitioner-committee under the said allotment order dated 12.10.1995, a Jamabandi Patta NO.25(A)/1600(New) had been prepared in the name of the petitioner-committee, a Photostat copy of the Jababandi Patta is also available at Annexure-A/4 to the present writ petition. Such being the situation, according to the petitioner-committee, the petitioner-committee became the owner of the said land and being the owner of the said land, the petitionercommittee have constructed uniform semi pucca shed buildings 37 in number and each member of the petitioner-comm