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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

MC(WP(C))No.88 of 2023

Ref:WP(C)No.94 of 2021

1. The State of Manipur, represented by the Chief Secretary,

Government of Manipur, Babupara.

2. The Commissioner(Revenue), Government of Manipur, at Manipur-

795001.

3. The Dy. Commissioner, Government of Manipur, at Imphal East-

795005.

…Applicants

– Versus –

The Evangelical Baptist Convention Church, Tribal Colony, New

Checkon, Imphal East, PO & PS, Porompat, Imphal East-

represented by its Chairman.

…. Respondent.

With

MC(WP(C))No.89 of 2023

Ref:WP(C)No.501 of 2022

1. The State of Manipur, represented by the Chief Secretary,

Government of Manipur, Babupara.

2. The Commissioner(Revenue), Government of Manipur, at

Manipur-795001.

JOHN

TELEN KOM

Digitally signed by

JOHN TELEN KOM

Date: 2023.04.04

16:53:13 +05'30'

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3. The Dy. Commissioner, Government of Manipur, at Imphal East-

795005.

…Applicants

– Versus –

The Peniel Church (MELC), Tribal Colony, New Checkon, Imphal

East, PO & PS, Porompat, Imphal East- represented by its Chairman.

…. Respondent.

BEFORE

HON’BLE THE ACTING CHIEF JUSTICE MR. M.V. MURALIDARAN

For the Applicant

: Mr. Lenin Hijam, learned AG.

For the Respondents

:

Mr. Th. Babloo, Adv.

Date of reserved.

:

29.03.2023

Date of Judgment & Order :

04.04.2023.

JUDGMENT & ORDER

(CAV)

These two miscellaneous cases have been filed by the State to vacate

the interim orders dated 5.2.2021 and 3.8.2022 and the subsequent extension

for maintaining status quo passed in W.P.(C) Nos.94 of 2021 and 501 of 2022

respectively and allow the State authorities to remove the unauthorized

religious structures on public street, public parks, public places etc. in

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compliance with the order of the Hon’ble Supreme Court dated 29.9.2009 in

SLP (C) No.8519 of 2006 (Union of India v. State of Gujarat and others).

2. Heard Mr. Lenin Hijam, learned AG for the State and Mr. Th. Babloo,

the learned counsel for the respondent.

3. The learned Advocate counsel appearing for the applicant State

submitted that pursuant to the direction of the Hon’ble Supreme Court in SLP

(C) No.8519 of 2006 dated 7.12.2019, the Government of Manipur issued a

notification dated 3.4.2010 to make the Manipur Policy for Review of

Unauthorised Construction of Religious nature on Public Street, Public Parks,

Public Places and a State Level Committee was constituted for reviewing of

unauthorized construction of religious nature such as Temple, Church,

Mosque or Gurudwara etc. on public street, public parks or other public places

etc.

The

District

Level

Committee

headed

by

the

District

Commissioner/Chairperson

was

constituted

for

the

purpose

of

removal/relocation/regularization of the religious structure located in Village

No.26-Wangkheirakpam Leikai and in the meeting held on 24.6.2022, it was

discussed about the existence of religious structures erected on the

Government lands of 26-Wangkheirakpam Leikai, namely 9 Churches – (i)

Tangkhul Baptist Church; (ii) Pineal Church Manipur; (iii) Holy Spirit Church;

(iv) Zou Christian Bible Church; (v) Meitei Baptist Church; (vi) Zou

Presbytarian Church; (vii) Evangelical Organization Church; (viii) Kneseeya

Beith Shalom Church and (ix) Evangelical Baptist Convention Church, which

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stand on the land allotted to PWD Building Division and to make further

recommendation on whether to remove, relocate or regularize the churches

as per the Hon’ble Supreme Court direction.

4. The learned Government Advocate would submit that Evangelical

Baptist Convention Church and Paniel Church buildings were constructed on

the Government Khas land meant for Government quarters without any

approval from the authority concerned and without any right or title over the

land. The existence of the Church buildings which were reportedly

constructed on the Government Khas land without