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2020 Supreme(Manipur) 19
IN THE HIGH COURT OF MANIPUR AT IMPHAL
R. Sudhakar, Ahanthem Bimol Singh, JJ.
Ningshimyao A. Shimray - Appellants
Vs.
The State of Manipur and Ors. - Respondent
PIL No. 2 of 2019
Decided On : 15-09-2020
For the Appellant :Khaltar Khampa, Advocate
For the Respondents: S. Suresh, ASG
The main legal point established is that the provisions of Section 158 of the MLR & LR Act, 1960, which protect the rights of Scheduled Tribes in land transfer, were applicable to the hill areas of Manipur, and the impugned Office Memorandum was within the competency of the State Government.
Headnote:
Land Acquisition - Manipur Land Revenue and Land Reforms Act, 1960 - Section 158 - Protection of Scheduled Tribes' Rights - MLR & LR Act, 1960
Fact of the Case:
The petitioner challenged an Office Memorandum issued by the Government of Manipur regarding the direct purchase of land by Central Security agencies. The petitioner argued that the State Government had no authority over the land and forest belonging to tribals of hill areas of Manipur, and that the impugned Office Memorandum was illegal and void ab initio.
Finding of the Court:
The court found that the power of the State Government to issue the impugned Office Memorandum is traceable under Section 158 of the Manipur Land Revenue and Land Reforms Act, 1960, which provides for the protection of Scheduled Tribes' rights in land transfer.
Issues: The issues involved the authority of the State Government over land in hill areas of Manipur, the legality of the impugned Office Memorandum, and the protection of Scheduled Tribes' rights in land transfer.
Ratio Decidendi: The court held that the provisions of Section 158 of the MLR & LR Act, 1960 had been extended to the hill areas of Manipur, and thus, the impugned Office Memorandum was within the competency of the State Government.
Final Decision: The PIL was dismissed by the court, finding no merit in the petitioner's arguments.
JUDGMENT :
Ahanthem Bimol Singh, J.
1. Heard Mr. Khaltar Khampa, learned counsel appearing for the petitioner and Mr. S. Suresh, learned ASG appearing for the respondent No. 4. None appears for the respondents No. 1, 2, 3 & 5 to 14.
2. This PIL had been filed praying for quashing the impugned Office Memorandum dated 12.03.2018, which reads as under:
GOVERNMENT OF MANIPUR
SECRETARIAT: HOME DEPARTMENT
OFFICE MEMORANDUM
Imphal, the 12th March, 2018
Subject: Direct purchase of Land by Central Security agencies, viz. Assam Rifle/CISF, CRPF through Deputy Commissioner.
No. 27/1(3)/2018-H: The undersigned is directed to say that State Government felt the need for streamlining the existing procedure for direct purchase of Land for security Agencies deployed in Manipur through village Headman/Chiefs for establishment of Battalions/CoBs inviting problems at later stage for settlement and payment of Compensation.
Considering the importance of the role of Central Security Forces, the State cabinet took a decision on 24/01/2018 making it mandatory on the part of Central Security Forces/Army/Assam Rifles etc. to consult the State Government and follow the procedure for purchase or acquisition of land from the land owners through concerned Deputy Commissioners within their jurisdiction.
Henceforth, all Deputy Commissioners shall follow the mandatory Procedure strictly whenever an organization of the Central Security Forces approach the State Government for allotment of land for use by the Organisation.
Sd/-
(M. Yaiskul Meitei)
Secretary (Home)
Government of Manipur"
3. The grounds raised by the petitioner in challenging the above impugned Office Memorandum dated 12.03.2018 are as under:
(a) The Manipur Land Revenue and Land Reforms Act (MLR & LR) Act, 1960 is not extended in the hill areas of Manipur as provided under sub-Section (2) of Section 1 of the said Act. Hence, the State Government has no authority over the land and forest belonging to tribals of hill areas of Manipur;
(b) Under the Second Schedule of the Manipur Legislative Assembly (Hills Areas Committee) Order, 1972, allotment of land, occupation or use by setting apart of land is within the purview of the Hill Area Committee. As such, the State Government has no authority over the land and forest hill areas of Manipur without approval of the Hill Area Committee;
(c) Likewise, under Section 29(XIII) of the Manipur (Hill Areas) District Council (Third Amendment), Act 2008, it is provided that allotment of land, occupation of land and setting apart other than land for any purpose of a land which is the reserved forest are subject matters which are within the purview of the Autonomous District Council;
(d) The State Government with its Cabinet decision cannot supersede the aforesaid provisions of law and has no competency to issue the impugned Office Memorandum by trespassing into the area falling within the jurisdiction of the Hill Area Committee as well as the Autonomous District Council, thereby, rendering the impugned Office Memorandum illegal and void ab initio.
4. Mr. S. Suresh, learned ASG appearing for the respondent No. 4 placed before us a letter dated 06.09.2020 from the Headquarter 57 Mountain Division, Leimakhong and submitted that as per instructions contained in the letter, the acquisition of land by Indian Army is always made through the competent authority in the State Government of Manipur.
The learned counsel, further submitted that security agencies deployed in Manipur never resort to direct purchase of land through Village Headmen/Chiefs for establishment of battalion/CoBs.
5. At the first glance, the argument advanced on behalf of the petitioner appears to be appealing, however, when we examine the provisions of Section 158 under Chapter-XIII of the MLR & LR Act, 1960, we find that the power of the State Government to issue the impugned Office Memorandum is traceable under the provisions of Section 158 of the MLR & LR Act, 1960 which reads as under:
"158. Special provision regarding
