High Court disposes of two writ petitions over disputed land
Source: Hueiyen News Service
Imphal, April 17 2015 :
By an impugned common judgment and order, the High Court of Manipur finally disposed of two writ petitions related to 30 acres of land in Lamphelpat area of Imphal West.
Impugned judgment refers to a judgment under Indian law that is challenged as being illegal rendered or defective is some manner.
The Kombirei Housing Society Ltd, which is a respondent in the two appeals, challenged the cancellation of land allotted in its favour for residential purposes of its members.
Since the dispute related to same piece of land once allotted in favour of the Regional Research Laboratory, Jorhat, Guwahati and cancelled and again part of it allotted in favour of the Cooperative Society and cancelled, the Single Judge with consent of the counsel appearing for the parties, heard both the cases together on April 7 this year and disposed of the same in the impugned common judgment and order dated April 16 .
The appellants in the writ petition number 7 of 2001 are the Council of Scientific & Industrial Research, Anusandhan Bhavan, Rafti Marg, New Delhi and the Regional Research Laboratory, Jorhat while the respondents are the Kombirei9 Housing Co-operative Society Ltd, Lamphelpat, the secretary of the society, the Principal Secretary (Revenue) to the Government of Manipur, the State of Manipur and the Diector of SEtlement & Land Records, Government of Manipur.
In the writ appeal number 8 of 2001, the appellants are the Council of Scientific & Industrial Research, Anusandhan Bhavan, Rafti Marg, New Delhi and the Regional Research Laboratory, Jorhat while the respondents are the State of Manipur and 97 others.
The Council of Scientific & Industrial Research, Anusandhan Bhavan, Rafti Marg, New Delhi with an aim to achieve its objective and to take up research and developmental works in Manipur, the appellants approached the Manipur Government sometime in 1973 for allotment of a piece of land within Lamphelpat area.
Subsequently, the State Government allotted 30 acres of land in the area in favour of Regional Research Laboratory, Jorhat.
However, the allotment order did not specify the boundaries of the land allotted in its favour for which the Regional Research Laboratory, Jorhat sought for clarification and in response an order was passed on June 30, 1977 specifying the boundaries of the allotted land.
Possession of the land was thereafter handed over to the two research institutes on January 20, 1977 .
It is the case of the two institutes that after taking over possession, the boundary wall work was completed sometime in the month of May 1978 and the name of the Regional Research Laboratory, Jorhat was recorded in the related revenue records.
But the two institutes came to know that 17.10 acres out of the allotted 30 acres of land which had been settled in favour of the two institutes had been given to the members of the Cooperative Society.
Such an allotment had been made by cancelling allotment made in favour of the two institutes.
The counsel appearing for the respondents disagreed with the finding of the learned Single Judge that the appellants did not have any enforceable right.
However, having found that the allotment made in favour of the appellants was under a wrong provision of law and that such allotment was non- est in the eye of law.
However, the counsel said "we grant liberty to the State to consider the recommendation of the House Committee and review of the order of allotment of land made in favour of the appellants and also at the same time grant liberty to the State to decide as to whether they should proceed for cancellation of land allotted in favour of Kombirei Housing Cooperative Society and its members after following due process of law
as provided in the Rules" .