LAISHRAM ROBEN MEITEI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-10-10
HIGH COURT OF MANIPUR
Decided on October 15,2019

Laishram Roben Meitei Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

- (1.) This writ petition has been filed by the petitioner seeking to quash the notification dated 20.4.2016 along with the rates of the land fixed by the second respondent in the name of purchasing the lands from the petitioners without the consent of the petitioners coupled with the prayer to fix the rate of lands similarly with enhanced rate fixed by the second respondent similarly with Waiton area and direct the respondents to acquire the land of the petitioners under the provisions of Right To Fair Compensation And Transparency In Acquisition, Rehabilitation And Resettlement Act, 2013 and also to consider and dispose of the representation dated 18.5.2016.
(2.) Brief facts of the case are that the second respondent issued the impugned notification dated 28.04.2016, which was circulated in the local daily newspapers, whereby notifying that a demarcation of the land to be affected by the construction of Right Main Canal of Dolaithabi Barrage Project, which was already identified, will be conducted with effect from 29.04.2016 by a team comprising Irrigation and Food Control Department (in short "IFCD ") officials and staff of SDC/Sagolmang starting from village No.1-Sinam to 2-Yumnam Khunou; 3-Sambei; 4-Chingkhu; 11- Khundrakpam and 31-Waiton. After demarcation, the State Government fixed invariable rates and as far as Sambei area is concerned, Rs.8 lakhs per acre was fixed in Anganphou Class as well as Phourel Class; in respect of Chingkhu area, the rate per acre has been fixed at Rs.7 lakhs in Anganphou Class as well as Phourel Class; in respect of Khundrakpam, Rs.5 to Rs.20 lakhs per acre was fixed in Anganphou Class as well as Phourel Class and in respect of Waiton area, the rate per acre has been fixed at Rs.15 to 25 lakhs in Anganphou Class as well as Phourel Class. The reason for such difference while fixing the rate of the land have not been explained by the competent authority.
(3.) Aggrieved by the invariable fixation of prices, a joint representation dated 18.5.2016 was submitted by the petitioners to the second respondent requesting acquisition of the cultivable lands of the petitioners under the provisions of Right To Fair Compensation And Transparency In Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as "2013 Act ") or pay prices of the land equally with Waiton area i.e. Rs.25 lakhs per acre, failing which the land in question may not be acquired. According to the petitioners, the said representation has not been considered by the competent authority till date.;


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