PIL against 5 new hill districts dismissed
Source: The Sangai Express
Imphal, April 12 2019:
A Division Bench of the High Court of Manipur has dismissed the Public Interest Litigation and Writ Petition filed by some tribal bodies against the creation of 5 new hill districts by the State Government on December 8, 2016 .
The order was passed by Chief Justice Ramalingam Sudhakar and Justice Kh Nobin on April 10 after it was kept on reserved from March 7, following the final hearing of the PIL and the writ petition.
The PIL was filed by the All Tangkhul Youth Council/Tangkhul Mayar Ngala Long, represented by its president LM Thanmi Shimray, Hao Heritage Foundation represented by Ningshimyao A Shimray, N Wungreiyo (Member ADC Ukhrul) and L Rangpung John (Member ADC Senapati) as petitioner against the Chief Secretary Manipur, Commissioner Revenue, Hill Area Committee, Manipur Legislative Assemble through the Deputy Secretary Government of Manipur, DCs of all 10 hill district (including the newly created 5 districts) as respondents.
On the other hand, the writ petition was filed by W Shinglai of Kasom Khullen, Ukhrul district and Shimthar Jajo of Riha village, Kamjong district against Commissioner Revenue Government of Manipur, DC Ukhrul and DC Kamjong, as respondents.
The PIL and writ petition were filed for quashing/setting aside the entire proceedings initiated by the State Government in connection with the October 8, 2016, order for the creation of 5 new hill districts namely Kangpokpi, Tengnoupal, Kamjong, Pherzawl and Noney, on the ground that it is unconstitutional, discriminatory, arbitrary, biased, illegal, ultra-vires, miscarriage of justice for want of jurisdiction and in violation of the well established principal of natural justice.
On the other hand, the respondents, in their reply, emphatically denied the contention of the petitioner stating that under no circumstances will the Government notification have any effect as far as the Autonomous District Council is concerned.
The Court, after hearing both parties, came to the conclusion that the contention of the petitioners that the Government notification of December 8, 2016, is in violation of the provision of Manipur ( Hill areas) district Council Act, 1971 or the Manipur Legislative Assembly ( Hill Area Committee) order, 1972, has no legal basis and the claim of the petitioner that the notification is arbitrary, irrational and unlawful, cannot be sustained.
As such, the Court rejected all the pleas of the petitioners as legally untenable and unsustainable, ruling that it did not find any error in the December 8, 2016, notification and announced that the State Government is well within its power to issue the notification.
Finding no merit, the Division Bench dismissed the PIL and the writ petition.