Decided on May 06,2019

Seikhothang Haokip Appellant


KH.NOBIN SINGH,J. - (1.) Heard Shri N. Biren, learned Advocate appearing for the petitioner; Smt. Momota Devi Oinam, learned Addl. AG appearing for Respondent Nos. 1, 2 and 3 and Shri Nitin Khera, learned Advocate appearing for the Respondent No. 4.
(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to pay/ release a sum of Rs.96,00,000/- (Rupees ninety six lakh) only as compensation for the damages caused to his land.
(3.) Facts and circumstances as narrated in the writ petition, are that the petitioner is the Chief of the Mongbung Village, Jiribam District, Manipur. Some Heavy Electric Towers were erected/ installed passing through his village, agricultural land as well as homestead land causing damages to about 320 sq.ft covering a distance of 2 (two) kilometer. On account of the said heavy electric towers being erected/ installed passing through his village, his villagers were/ are unable to construct any kind of buildings including Government offices, schools or private houses and on top of that, no plantation of trees, rubbers, bamboos, agricultural crops, etc. thereon is possible resulting in the helplessness of the villagers. The petitioner approached the respondents/ authorities concerned on many occasions for payment of compensation for the lands affected by the said installation of heavy electric towers but his application was never considered by the respondents. 3.1 The petitioner learnt from the reliable sources that in respect of the land owners/ chefs of the neighboring villages namely Talbung, Mutugal, Phaital, Muktukhal, tarbung etc., certain amount of compensation had been paid to them, while the same being denied to the petitioner, although he is the owner of the said village, as is evident from the attested map/ scale of the SDC, Jiribam, paying Hill House Tax thereof. The petitioner submitted a representation dated 09-03-2018 to the authorities concerned/ respondents for payment of compensation and according to him, the amount of compensation calculated as shown in the tabulation at para 12 of the petition, came to be Rs.96,00,000/- (Rupees ninety-six lakhs) only. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by him contending that the inaction on the part of the respondents is unreasonable being violative Article 14 of the Constitution of India.;

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