Point of Law : High Court shall not go into any question arising out of the disputed facts - Respondents cannot be permitted to both approbate and reprobate.

JUDGMENT :

1. Heard Shri Juno Rahman, learned Advocate appearing for the petitioner; Shri Y. Rameshchandra, learned Advocate appearing for the respondent No.3 and Smt. L. Monomala Devi, learned Government Advocate appearing for the respondent Nos.1 & 2.

1. The validity and correctness of the order dated 25-07-2018 issued by the Secretary (MAHUD), Government of Manipur is under challenge in this writ petition.

2. The subject matter in issue relates to the allotment of shops in place of the petitioner’s original shop standing over his homestead land being dismantled for expansion of the NH-39 or for that matter, the payment of compensation in place thereof. According to the petitioner, this is the fourth round of litigation in respect of the said issue.

3.1 According to the petitioner, his father, Shri K. Heramot Singh was the absolute owner in possession of the land bearing Patta No.1133(Old)/ 52 (New) covered by C.S Dag No. 217(Old)/ 2056 (New) of 0.0040 Hectares (or 0.01 Acre) of Village-28 Thoubal Achouba. The allotment order thereof was issued by the Deputy Commissioner, Thoubal on 20-04-1987. Out of the said land, the petitioner’s father executed a gift deed dated 28-08-1996 by which a portion thereof measuring an area of 21.75 ft x 6 ft (=130.5 Sq. ft) was gifted to him, because of which the petitioner's name was entered into the land records as the co-pattadar.

3.2 On 14-07-2008, the Principal Secretary (Revenue) Government of Manipur issued a Notification under Section 4 of the Land Acquisition Act, 1894 for the expansion of NH-39 by which the land of the petitioner’s father measuring 0.0032 hectare was shown to have been affected and the land measuring 0.0008 hectare occupied by the petitioner was alleged to have been left out (hereinafter referred to as "the petitioner’s Land"). The petitioner’s father submitted a representation dated 29-11-2008 to the District Collector/ Land Acquisition, Thoubal paying for maintaining the area of his land holding as 0.0040 hectares but the same was no considered by the concerned respondents.

3.3 The Executive Officer, Thoubal Municipal Council issued a Notification dated 20-05-2009 informing that the Memorandum of Understanding (MOU) between the shop owners and the State Government represented by the Addl. Secretary (MAHUD) would be signed on 25-05-2009 and 26-05-2009. The said MOU was signed at the intervention of the then Hon’ble Chief Minister in a meeting held on 07-01-2009 in the presence of the Joint Secretary (MAHUD), the Chairperson and the Executive Officer, Thoubal Municipal Council. After the signing of the said MOU, the Deputy Commissioner, Thoubal with Thoubal Police initiated the eviction process on 28-12-2009 dismantling the shop "Hindu Hotel" of the petitioner thereby losing his means of livelihood and right to life. The petitioner, having lost everything in the mayhem, submitted a representation dated 10-01-2010, followed by the representation dated 09-03-2010 for allotment of a shop at the Thoubal Market, which was being newly constructed.

3.4 Being aggrieved by the inaction on the part of the respondents, the petitioner and his father approached the Hon'ble High Court by way of two writ petitions being WP(C) No.81 of 2010 and WP(C) No.188 of 2010 which were disposed of on 14-09-2010 and 24-08-2010 respectively with the direction to the MAHUD; the Deputy Commissioner, Thoubal and the Director of Settlement & Land Records, Manipur for disposal of their representations to be submitted afresh by them. Pursuant to the order dated 14-09-2010 passed by the High Court, the District Collector/ Land Acquisition, Thoubal addressed a letter dated 03-03-2012 to the Commissioner (Revenue), Government of Manipur stating that the area of the patta land was O.0040 hectare, of which 0.0008 hectare was left out from the acquisition process, for which he was requested to issue a corrigendum to that effect so that the acquiring Department might be moved for payment of compensation in respect