HC accepts PIL against construction of tribal colony
Source: Chronicle News Service

Imphal, June 02 2022: High Court of Manipur upheld a Public Interest Litigation (PIL) filed against the move/action of the government authorities to construct a Tribal Colony in a site currently utilised as a Public Park.

The petitioners challenged the order (26.06.2021) issued by the deputy secretary MAHUD in accordance to approval of the state cabinet in its meeting held on June 23.The High Court took note of the fact that provision of Section 33 of the Manipur Town and Country Planning Act, 1975, regarding procedure to be followed for change of land use was not adhered to.

The High Court accordingly directed the authorities to maintain status quo on the subject land, which was shown as 'Park A' in the Layout Plan for National Games Village at Meitei Langol and ordered cessation of all construction activities.

On May 26, the division bench of Chief Justice Sanjay Kumar and Justice Lanusungkum Jamir inferred that despite the order of status quo passed On December 23, 2021, the authorities thought it appropriate to initiate the process under the Manipur Town and Country Planning Act, 1975, for modification of the existing scheme.

However, as per the procedure prescribed under Section 33 (5) of the said Act, the proposed modified scheme is to be published in at least one local newspaper available in the locality which would be affected by such modification.

Further, the Court noted that the material placed on record reflects that the publication of the notified modified scheme was done in English language even in local Manipuri newspapers.

"The purpose and intent of such publication in the local newspapers is to put the general public on notice as to what modifications are proposed, so that the affected people can put in their objections, if any.

When such notifications are published in a local vernacular newspaper, the presumption, ordinarily, would be that the reader of such a newspaper does not understand English and that is the reason why he or she is reading a vernacular newspaper.

As such, the publication of the modified scheme in such vernacular newspapers must also be in the vernacular and not in English.

Therefore, the procedure adopted by the authorities in this regard does not meet the required standard and falls short of the mandatory prescription", observed the Court.

As the authorities have now deemed it fit and proper to take recourse to the statutory procedure for modifying the existing scheme so as to undertake construction in the site earlier reserved for a park, it is for them to go through the process and take a reasoned decision as to whether conversion and change of land use is desirable in the case on hand.

It would be premature for the High Court to venture any opinion on the merits of that issue at this stage, held by the Bench.

Furthermore, the court clarified that construction activities shall not resume until compliance with the procedure prescribed under the Act is achieved in all respects for giving effect to the modified scheme.

Comment