Kh. Nobin Singh,j. - (1.) Since the above writ petitions have arisen out of the similar set of facts and circumstances, the same are being disposed of by this common judgment and order. W.P. (C) No. 975 of 2018:
(2.) *** 2.1. By the instant writ petition, the petitioners have prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the Public Notice dated 29-08-2017 issued by the Deputy Commissioner, Thoubal, Manipur; to quash and set aside consequential actions/ steps taken by them and also to direct the respondents to initiate the process as regards the land acquisition in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Land Acquisition Act, 2013'). 2.2. According to the petitioners, they are the pattadars/ land owners in respect of certain lands and are in possession thereof by paying land revenue to the concerned authorities. The petitioners are also carrying on trade and business over the said lands as the same are situated adjacent to the National Highway. In support of their factum of possession, a separate sheet indicating the name, address, patta number, area, village etc. is enclosed for perusal and in addition thereto, copies of the Jamabandi issued in the name of some of the petitioners, are enclosed for easy reference. 2.3. The respondents issued a Notification dated 06-08-2013 in connection with the expansion of National Highway-102 (old-39), from southern side of Lilong bridge upto border bridge, Moreh, affecting 44 numbers of villages which was published in the local daily 'Sangai Express' on 12-01-2014. The said notification was issued under the old Act. The Deputy Secretary (Works), Government of Manipur vide its letter dated 20-08-2016 addressed to the Deputy Commissioner, Thoubal, conveyed the approval for direct purchase of the lands required for widening the said road from the local owners under the supervision of a Committee chaired by the Deputy Commissioner, Thoubal. Pursuance to the said letter, the Deputy Commissioner, Thoubal issued an official letter dated 06-06-2017 requesting to expedite the submission of the desired information to him, followed by a letter dated 20-07-2017 requesting to do necessary marking and demarcation. 2.4. The Deputy Commissioner, Thoubal issued a Public Notice dated 05-08-2017 which was published in the local daily newspaper 'Poknapham' on 07-08-2017 informing all the affected pattadars in the proposed direct purchase of lands for expansion/ construction of National Highway No.102 (old-39) under the revenue jurisdiction of Thoubal District for negotiation of rates. The petitioners, their business being run for their livelihood, formed an association called the 'National Highway New Alignment Affected Land Owners Committee' and the petitioners through their Joint Action Committee (JAC) submitted a representation to the Deputy Commissioner, Thoubal requesting him not to initiate any illegal and unconstitutional action. If the lands of the petitioners are acquired for expansion of the said road, the procedure contemplated in the Land Acquisition Act, 2013 ought to have been initiated by the authorities. Even after the representation being submitted, the respondents and its agents carried out actions contrary to the procedure established by law entering into the said lands illegally and disturbing the peaceful possession of the lands and being aggrieved by such actions, the petitioners were compelled to approach this Court to protect their lawful possession of the said lands by way of writ petitions being WP(C) No.613 of 2017 and WP(C) No.814 of 2017 wherein this Court was pleased to pass an interim order dated 16-08-2017 directing the respondents not to disturb the peaceful possession of land without the leave of the Court. The said writ petitions were, later, disposed of on 03-08-2018 directing the respondents to consider the representation to be submitted by the petitioners and till then, the respondents were directed not to disturb the peaceful possession of the petitioners. The petitioners did submit a detailed representation but the respondents, instead of considering the same, issued the impugned order dated 29-08-2018. 2.5. An affidavit has been filed on behalf of the respondent No.2 stating that the purpose for issuing the said notice by the Deputy Commissioner, Thoubal for direct purchase of lands, was for speedy completion of the proposed expansion/ construction of NH-102 through negotiation i.e. from the willing pattadars. There is no question of discrimination on the part of the State Government as the direct purchase was to be made from the willing pattadars. As per the OM dated 09-10-2017, the State Government while purchasing the lands through direct purchase, would give the same amount of compensation as given in the Land Acquisition Act, 2013 and therefore, there is no question of arbitrary, unreasonableness in the direct purchase method. The process of direct purchase will not violate the rights of the petitioners as it is through negotiation and consent. The lands of the petitioners will not be purchased by the State Government without their consent and payment of compensation thereof as prescribed in the Land Acquisition Act, 2013. 2.6. In the rejoinder affidavit filed on behalf of the petitioners, it has been stated that the present petitioners are those persons who are not willing to sell their lands by negotiation through direct purchase. The State Government can proceed with the acquisition of lands through the procedures as prescribed in the Land Acquisition Act, 2013 but not through the direct purchase. In respect of other areas in the State, the State Government has chosen to apply the procedures prescribed in the Land Acquisition Act, 2013 and therefore, the petitioners have expressed their desire that the procedure as prescribed in the Land Acquisition Act, 2013 be taken up in respect of their lands. The process of direct purchase was initiated long before the existence of the OM dated 09-07-2017. The State Government is playing fraud and misleading those affected pattadars by doing hide and seek and also by not applying the relevant law and therefore, the actions of the State Government are unjust, unfair, unreasonable and unconstitutional. W.P. (C) No. 981 of 2018:
(3.) *** 3.1. By the instant writ petition, the petitioners have prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the letters dated 20-08-2016 and 06-06-2017; Public Notice dated 05-08-2017 and the Notice dated 29-08-2018. 3.2. According to the petitioners, they are the owners of lands/ recorded pattadars under the Thoubal Sub-Division, Manipur and are affected by the ongoing project of expansion of National Highway No.102. 3.3. On 20-08-2016, the Deputy Secretary (Works), Government of Manipur wrote a letter to the Deputy Commissioner, Thoubal conveying the approval of purchasing lands belonging to the petitioners by way of direct purchase. On 06-06-2017, the Deputy Commissioner, Thoubal wrote a letter to the SDC, Thoubal requesting him to take up immediate necessary action and to furnish a detailed report followed by another letter dated 20-07-2017 requesting him to do necessary marking and demarcation for the lands which are going to be acquired for expansion of the National Highway on or before 31-07-2017. On 05-08-2017, the Deputy Commissioner, Thoubal issued a public notice informing all the affected pattadars in respect of the proposed direct purchase of land that a public hearing for negotiation of rates of affected lands will be held on 17-08-2017 and all the affected pattadars of the revenue villages in the proposed expansion/ construction were requested to attend it on time. A Joint Action Committee was formed by the affected pattadars and thereafter, the Secretary of the JAC submitted a written objection to the Deputy Commissioner, Thoubal on 16-08-2017 highlighting their grievances and requesting him to take necessary proceedings under the provisions of the Land Acquisition Act, 2013. 3.4. About 10 persons from the Wangjing Village under the Thoubal District, Manipur filed a writ petition being WP(C) No.613 of 2017 questioning the legality of the expansion of the National Highway in which this Court passed an order dated 16-08-2017 directing the respondents not to evict the petitioners from their possession without the leave of the Court. The petitioners along with some others also filed a writ petition being WP(C) No.741 of 2017 praying for setting aside the Government letters dated 20-08-2016, 06-06-2017 and 20-07-2017 and Public Notice dated 05-08-2017 issued by the Deputy Commissioner, Thoubal which was disposed of on 03-08-2018 permitting the petitioners to submit a representation and till then, the respondents were directed not to disturb them from the possession of their lands. In compliance with the said order of the Court, the petitioners submitted a representation highlighting their grievance and requesting the State Government to follow the provisions of the Land Acquisition Act, 2013. The respondents instead of considering the said representation dated 20-08-2018, issued a notice dated 29-08-2018 informing the pattadars for necessary checking/ verification of the respective affected lands to be done at the office of the Deputy Commissioner within 06-09-2018 during office hour. It was further notified that the claims and objections beyond the above mentioned date, would not be entertained by the State Government. Thereafter, on 03-10-2018, the Chairperson of the Thoubal Municipal Council submitted an extract copy of the resolution of the Councillors requesting to take up necessary process in the interest of the general public. Being aggrieved by the actions of the respondents, the instant writ petition has been filed by the petitioners. 3.5. An affidavit on behalf of the respondent No.1 has been filed taking the same stand as has been taken in writ petition being WP(C) No. 975 of 2018 and therefore, the averments made therein are not repeated here for the sake of brevity. 3.6. In the reply affidavit filed on behalf of the petitioners, it has been stated that the Land Acquisition Act, 2013 is an Act enacted by the Parliament which is followed in the State. There is no any provision in the said Act for acquiring lands belonging to the general public through direct purchase. In respect of the construction of the Imphal-Kangchup-Tamenglong Road, a Notification dated 23-06-2018 was issued by the Government of Manipur under Section 11(1) of the Land Acquisition Act, 2013. The respondents being the State authorities, must exercise their power in a just, reasonable and fair manner. They are not permitted to act at their own whims and sweet wills just like an individual person. In the OM dated 09-10-2017, it is nowhere mentioned as to the provision of law under whcih the same was issued. On perusal of the said OM., it is clear that the State Government did not want to follow the provisions of the Land Acquisition Act, 2013. W.P. (C) No. 1029 of 2018:;