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2022 Supreme(Manipur) 123

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

Advocates appeared:
Mr. HS Paonam, Sr. Advocate., for the Petitioners in all the writ petitions; Mr. H. Debendra, GA., for the Respondent Nos. 1 & 2 in all the writ petitions; Mr. N. Ibotombi, Sr. Advocate., for the Respondent Nos. 3 & 4 in WP(C) No. 392 of 2018; and For the Respondent No. 3 in WP(C) No. 172 of 2021; None appeared., for the Respondent No. 3 in WP(C) No. 580 of 2020

Headnote:(A) Manipur Land Revenue and Land Reforms Act, 1960 - Section 14(1) - Cancellation of allotment orders - The allotment of land made to members of the Kombirei Housing Co-operative Society was cancelled without giving them an opportunity to be heard, violating procedural fairness. The impugned order restoring the original allotment to Regional Research Laboratory was arbitrary and not justified. (Paras 66, 74)

(B) Natural Justice - The principles of natural justice must be observed, requiring that parties affected by a decision be given a fair opportunity to present their case. The Secretary (Revenue)'s decision failed to provide such opportunity, rendering it invalid. (Paras 56, 62)

(C) Rights of Allottees - The members of the Society, having been in possession and making improvements on the land for over 27 years, acquired indefeasible rights that cannot be unilaterally revoked by the government. (Paras 61, 63)

(D) Stay of Orders - The ongoing legal disputes and precedents established by previous court rulings constraining the government from arbitrary revocation of allotments led to the quashing of the cancellation order and subsequent allotment orders. (Paras 35, 66)

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

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