The main legal point established in the judgment is that the land allotment made in favor of the appellants was under a wrong provision of law and was non est in the eye of the law. The judgment also emphasized the legal entity status of the Council of Scientific and Industrial Research and its enforceable rights in the land allotment.

Laxmi Kanta Mohapatra, CJ.

1. These two writ appeals have been filed by the Council of Scientific and Industrial Research, New Delhi against the common judgment and order passed by the learned Single Judge dated 16.11.2000 in Civil Rule No. 43 of 1996 and Civil Rule No. 947 of 1998. The appellants were the petitioners in C.R. No. 43 of 1996 whereas Kombirei Housing Cooperative Society Ltd. and Secretary of the said Cooperative Society were the petitioners in C.R. No. 947 of 1998.

2. The brief background of the case is that the appellant No. 1, the Council of Scientific & Industrial Research is a society registered under the Societies Registration Act, 1960. The Memorandum of Association of the Council of Scientific and Industrial Research shows that the objective of the Council being scientific and industrial/applied research of national importance, its major activities should be in respect of research and development of projects of national priority, research and development of projects sponsored by industries in the private/public Sector, research and development directed towards continuous improvement of indigenous technology and adaptation and development of imported technology, research and development of new technologies etc. and also establishment or development of special institutions or departments of existing institutions for scientific study or problems affecting particular industries and trade, establishment and award of research fellowships and financing specific researches etc. The said society established Regional Research Laboratory (RRL) at Jorhat with a Director as its head to undertake various research and developmental works in respect of different industrial resources available in the North Eastern Region. In order to achieve its objective and in order to take up research and developmental works in the State of Manipur, the appellants approached the Govt. of Manipur sometime in the year, 1973 for allotment of a piece of land within Lamphelpat area where there was ample scope for taking up scientific and research work in respect of medicinal and oil yielding plants. On the basis of such application, Govt. Of Manipur, by order dated 11.3.1975, allotted 30 acres of land under C.S. Dag No. 3002(T) of Village No. 91-A Lamphelpat IWT in terms of the provisions contained in Manipur Revenue and Land Reforms Act, 1960 (hereinafter called as the, "1960 Act") in favour of the appellant No. 2. The premium for the purpose of allotment was exempted. However, the allotment order did not specify the boundaries of the land allotted in its favour for which the appellant No. 2 sought for clarification and in response an order was passed on 30.6.1975 specifying the boundaries of the allotted land. Possession of the land was thereafter handed over to the respondents on 20.1.1977. It is the case of the appellants that after taking over possession, the boundary wall work was completed sometime in the month of May, 1978 and the name of the appellant No. 2 was recorded in the related revenue records.

The appellants also paid land revenue regularly till the year, 1996. When the matter stood thus, a notice was issued by the Revenue Department, Govt. Of Manipur to the Director of the appellant No. 2, Laboratory to show cause as to why the allotment made in favour of the appellant No. 2 should not be cancelled as it has not utilised 25 acres from out of the 30 acres on its north eastern side within two years from the date of allotment for the purposes for which the land had been allotted. The said notice was served on the Director of the appellant No. 2, Laboratory on 26.10.1993. After receipt of the notice, the Administrative Office of the appellant No. 2 sent telegraphic message to the Secretary, Revenue on 28.10.1993 stating that all efforts are being made for strengthening resources and development of the station at Imphal but due to objection from the local people, no effective work could be taken up for developmental activi