IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Kombirei Housing Co-operative Society Ltd. & Anr. - Appellants
Versus
State Of Manipur & Ors. - Respondents
WP(C) No. 392 of 2018, WP(C) No. 662 of 2019, WP(C) No. 580 of 2020, WP(C) No. 172 of 2021
Decided On : 23-09-2022
| Table of Content |
|---|
| 1. challenge to allotment cancellation order (Para 1 , 2) |
| 2. resisting the cancellation of allotment (Para 3 , 4) |
| 3. arguments against validity of cancellation (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. allegations of improper procedure and bias (Para 14 , 15 , 16) |
| 5. overview of the case background (Para 24 , 25 , 26) |
| 6. rights of allottees in light of law (Para 60 , 62) |
| 7. final judgment and orders (Para 66 , 74) |
JUDGMENT
1. By these writ petitions, a challenge is made to the order dated 13.4.2018 issued by the Secretary (Revenue), Government of Manipur, thereby cancelling the allotment orders issued in favour of the Kombirei Housing Co-operative Society Limited and its members and the order dated 14.10.2020, thereby allotting 12.90 Acres in C.S. Dag No.3002 (Part) corresponding to new C.S. Dag Nos.4001, 4002, 4003, 4004, 4005, 4026, 4123, 4124 and 4125 in favour of Regional Research Laboratory, Jorhat.
2. Brief facts are as follows:
The land under C.S. Dag No.3002 (Part) of Village No.91, Lamphelpat admeasuring 30 acres was initially allotted to Regional Research Laboratory (hereinafter referred to as 'RRL'], Jorhat in 1975 with a condition that the allotted land was to be used within 2 years of such allotment. In the year 1993, the State authorities, after giving due opportunity to the RRL cancelled the said allotment, as RRL failed to utilize the allotted land within the prescribed period. Thereafter, in the year 1995, the State authorities allotted 25 acres out of 30 acres of the land to the members of Kombirei Housing Co-operative Society Limited [hereinafter referred to as 'Society'] for residential purpose. After completion of all formalities, delivery of possession of the allotted land was given to the members of the Society and thereafter, the allottees have made considerable improvements thereto with a view to construct their dwelling houses.
2.1. Challenging the cancellation of their allotment as well as the allotment made in favour of the Society, Council of Scientific and Industrial Research and RRL filed Civil Rule No.43 of 1996 before the Gauhati High Court. Pending CR.No.43 of 1996, the State authorities unilaterally, without giving any notice to the members of the Society, cancelled the allotment made in favour of the members of the Society and, at the same time, restored the original allotment made in favour of RRL on the basis of the report of the House Committee.
2.2. Challenging the order cancelling their allotment as well as the order restoring the allotment order of the RRL, the Society had filed CR.No.947 of 1998 before the Gauhati High Court. By the order dated 16.11.2000, the learned Single Judge of Gauhati High Court dismissed CR.No.43 of 1996 inter alia holding that CSIR and RRL have no enforceable right as there was no valid allotment of land in their favour andthe allotment made in their favour was null and void and non-est in the eye of law. Thus, the learned Single Judge allowed CR.No.947 of 1998 filed by the Society thereby quashing the Government Order restoring the original allotment of the RRL and further directed the State authorities to re-consider for allotment of the remaining portion of the disputed land to the CSIR and RRL without disturbing the allotment made in favour of the Society.
2.3. Aggrieved by the order of the learned Single Judge, WA.Nos.7 and 8 of 2001 were filed by the CSIR and RRL before the Gauhati High Court and a Division Bench of Gauhati High Court, by the judgment dated 16.4.2015, disposed of the writ appeals by upholding the order of the learned Single Judge and declined to interfere with it. However, the Division Bench granted liberty to the State authorities to consider the recommendation of the House Committee and review the order of allotment of land made in favour of the RRL and also granted liberty to the State authorities to decide as to whether they should proceed with the cancellation of land allotted in favour of the members of the Society after
The main legal point established in the judgment is that allotments obtained by misrepresentation or fraud can be cancelled without limitation, and such allotments do not confer any title over the pr....
The cancellation of land allotment was invalid as the respondents failed to follow due process and were estopped from questioning the allotment after five years of acquiescence.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
The court ruled that land allotments within a wildlife sanctuary require proper authority and compliance with legal procedures, rendering unauthorized allotments void.
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