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2021 Supreme(Manipur) 37

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Kh. Nobin Singh, J.
Wangkhem Sunanda Singh & Ors. - Appellants
Versus
Union Of India & Ors. - Respondents
WP(C) No. 506 of 2019 with WP(C) No. 566 of 2019 with WP(C) No. 568 of 2019 with WP(C) No. 956 of 2019 with WP(C) No. 165 of 2020
Decided On : 22-09-2021

Advocates appeared:
Shri I. Lalitkumar, Sr. Advocate, for the Petitioners; Shri Lenin Hijam, Addl. AG; Shri Moses Pao, Advocate, for the Respondents; Shri A. Mohendro, Advocate, for the Applicants

IMPORTANT POINT
The main legal point established in the judgment is the requirement for clear evidence and examination of facts in a summary proceeding under Article 226 of the Constitution of India, emphasizing the need for a proper forum for redressal of grievances.

Headnote:

Validity and Correctness of Land Acquisition - Manipur Land Revenue and Land Reforms Act, 1960 - Right to Fair Compensation and Transparency of Land Acquisition Act, 2013 - Manipur Conservation of Paddy and Wetland Act, 2014 - [NATIONAL SPORTS UNIVERSITY] - [Manipur Land Revenue and Land Reforms Act, 1960, Right to Fair Compensation and Transparency of Land Acquisition Act, 2013, Manipur Conservation of Paddy and Wetland Act, 2014] - The court discussed the validity and correctness of the land acquisition for the establishment of National Sports University in Manipur. It highlighted the provisions of the Manipur Land Revenue and Land Reforms Act, 1960, the Right to Fair Compensation and Transparency of Land Acquisition Act, 2013, and the Manipur Conservation of Paddy and Wetland Act, 2014, and their implications on the acquisition process. The court considered the ownership of the land, the procedures for acquisition, and the rights of the scheduled tribe in the land transfer process, ultimately dismissing the writ petitions as not maintainable.

Fact of the Case:

The petitioners, owners of the land in Manipur, contested the acquisition of their land for the establishment of National Sports University. They alleged that the acquisition was done without following the relevant provisions of law, and the promises made by the State Government were not fulfilled. The State Government claimed to have purchased the land and returned it after finding it unsuitable for the university, subsequently using it for other development purposes.

Finding of the Court:

The court found that the petitioners' stand on the ownership and acquisition of the land was unclear, and they failed to provide clear evidence to support their allegations against the State Government. The court dismissed the writ petitions as not maintainable, emphasizing that the disputed questions of facts required examination of evidence, which was not feasible in a summary proceeding under Article 226 of the Constitution of India.

Issues: Ownership and acquisition of the land, promises made by the State Government, rights of the scheduled tribe in land transfer, validity and correctness of the sale deeds, maintainability of the writ petitions

Ratio Decidendi: The court emphasized that the petitioners' unclear stand on the ownership and acquisition of the land, along with the lack of clear evidence to support their allegations, rendered the writ petitions not maintainable. The court highlighted the need for examination of evidence to deal with disputed questions of facts, which was not feasible in a summary proceeding under Article 226 of the Constitution of India.

Final Decision: The court dismissed the writ petitions as not maintainable, stating that the only remedy available to the petitioners was to approach the appropriate forum for redressal of their grievances.

JUDGMENT

[1] Heard Shri I. Lalitkumar, learned Sr. Advocate appearing for the petitioners; Shri Lenin Hijam, learned Addl. AG appearing for the State respondents; Shri A. Mohendro, learned Advocate appearing for the applicants and Shri Moses Pao, learned Advocate appearing for the Union of India.

[2] The subject matter in issue relates to the validity and correctness of the letter dated 27-04-2019 issued by the Director (Trade, Commerce & Industries), Government of Manipur; the letter dated 01-06-2019 issued by the Under Secretary, Youth Affairs & Sports Department, Government of Manipur; the sale deed dated 17-07-2019 and the authorized letter dated 20-07-2019 issued by the Director, Youth Affairs & Sports, Manipur.

[3.1] According to the petitioners, they are the owners/ pattadars of the land/ paddy land situated at 44-Yaithibi Loukol, Langthaban Khounou, Khnogjom, Thoubal District, Manipur. They being the cultivators/ farmers, their livelihood depends upon the products from the said land.

[3.2] In and around the year, 2014, the Central Government and the State Government launched a scheme for the establishment of a National Sports University in Manipur taking into account the talents being exhibited by the sportspersons from Manipur in the national and international tournaments/ championships. The land situated at 44- Yaithibi Loukol was selected as the site for its establishment. The different forms of agitations/ protests were taken by the villagers and the petitioners raising objections against the proposed acquisition of their land. Several meetings were held amongst the officials of the State Government; the villagers and the petitioners wherein the likely benefits of the National Sports University were explained and the promises for providing employment and other facilities were also made by the State Government.

[3.3] In order to acquire the land situated at 44-Yaithibi Loukol, the Commissioner, Youth Affairs & Sports wrote a letter dated 26-08-2014 to the Secretary (Revenue), Government of Manipur requesting him to initiate the process for acquisition of the land. It was also stated therein that the land was needed to be transferred to the Central Government at the earliest so that the construction work could be commenced in few months. In order to strengthen their agitations, the villagers and the petitioners formed an association called 44-Yaithibi Loukol Land Owner’s Association which submitted a representation dated 05-09-2014 not to construct the National Sports University. Shri S.T. Vaiphei, Advocate appears to have submitted a representation/ legal notice dated 12-11- 2014 as is evident from the letter dated 13-11-2014 of the Deputy Commissioner, Thoubal. Instead of following the provisions of the Right to Fair Compensation and Transparency of Land Acquisition Act, 2013 (hereinafter referred to as “the Act, 2013”), the respondents made the promises for employment and other facilities in the name of acquiring their land.

[3.4] To review the position of acquisition of land, a meeting of the officials of the State Government and the Central Government was convened vide Office Memorandum dated 17-11-2014 by the Central Government. In the meantime, a State Cabinet Meeting was held on 14- 11-2014 wherein the acquisition of 442.27 acres of land was approved, out of which 247.68 acres were earmarked for the establishment of the National Sports University and the rest was to be reserved for future expansion of educational facilities. The State Cabinet in its meeting held on 18-11-2014 decided and approved a proposal to constitute a Committee under the Chairmanship of the Deputy Commissioner, Thoubal with the officers of the concerned Departments to negotiate the price for the purchase of the land from the willing pattadars. After the State Cabinet’s decision being taken, the Deputy Commissioner, Thoubal vide its letter dated 24-11-2014 informed Shri S.T Vaiphei, Advocate that the issues raised by him were irrelevant as bein

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