P.S.HENRY PAOTEI Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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MV MURALIDARAN,J. -
(1.) Heard Mr. B.R.Sharma, learned counsel for the petitioner. Heard also Mr.M.Rarry, learned Addl.AG for the State respondents and Mr. Julius Riamei,
learned counsel for the private respondents.
(2.) The prayers in this PIL are as follows:-
"i) Quash the order bearing No. DC (SPT) 11/26 (R) Dt. 7th Nov, 2015 issued by the District Magistrat, Senapati District, Manipur at Annexure-A/10;
ii) direct the Respondents to stop further constructions/works within the allotted land for the construction of the Mini-stadium at Senapati and also to dismantle the already constructed structures/buildings.
iii) direct the CBI (Central Bureau of Investigation) for investigating into the issuance of the illegal Order dated 07.11. 20156 at Annexure-A/10;
iv) Pass any other appropriate order or orders deem fit for the end of justice."
(3.) The impugned order dated 7th November, 2015 is extracted for better appreciation of the case.
GOVERNMENT OF MANIPUR OFFICE OF THE DEPUTY COMMSIIONER SENAPATI DISTRICT, MANIPUR
Senapati, the 7th of November, 2015 No. DC(SPT) 11/26(R)/ : Whereas the Deputy Commissioner, Senapati executed a Deed of Donation with the Taphou Naga Villagers on 23 rd May, 1998 thereby allotting a piece of land measuring 0.45 acres on the North and North-Eastern edge of the Mini Stadium Ground, Senapati for construction of Model Shopping Complex to Taphou Naga Village in lieu of the present plot of Circuit House.
2 Whereas as it is imperative that the exact measurement of land as allotted in the Deed of Donation executed on 23 rd May, 1998 is maintained and the area allotted is exactly 0.45 acres. Further, for public health and safety reasons it is also hereby directed that all the shops in the model shopping complex shall not built more than two floors and any extra structure above two floors are to be dismantled immediately.
3. Whereas it is also pertinent to mention here that the Government of Manipur vide letter No. 23/27/97-R dated 28 th April, 1998 from the Assistant Revenue Commissioner, Govt. of Manipur have accorded approval of the above Deed of Donation subject to the condition that the area of 0.45 acres allotted do not have any Government structures and that the said land will not adversely affected the District H.Q. and the spirit of the approval has been maintained.
4. Whereas as per the existing agreement, the area of 0.45 acres would cover most of the ground portion in the North and North-Eastern direction thereby defeating the very purpose and utility of the establishment of the mini stadium ground. It is also reasonable that the model shopping complex should be established at the periphery of the ground. An adjustment made in such a manner so as to construct the model shopping complex in the periphery/boundary of the ground without affecting the area of land allotted would be beneficial for the Government as well as the General Public.
5. In view of the above mentioned circumstances , the District Administration, Senapati hereby allots a strip of land measuring 0.45 acres in the north, north-eastern and eastern edge of the Mini Stadium ground. Senapati for establishment of Model Shopping Complex. The schedule of the land so allotted is given below:
North D.C. Office Road South: Approach Road East: N.H.1/D.M. Road West: CJM Court/ Hort& Soil Office.
The authenticated copy of the trace map is enclosed for future reference.
Sd/- (Jacintha Lazarus) District Magistrate, Senapati District." ;
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