PLANNING AND DEVELOPMENT AUTHORITY Vs. RAJA DUMBRA MEMORIAL TRUST

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 13th March, 2014 passed by the learned District Judge, Manipur East in Civil Appeal No. 5 of 2014.

(2.) THE private respondents No. 1 and 2 filed Original Suit No. 39 of 2011 in the Court of learned Civil Judge (Sr. Divn.) No. II, Manipur East for declaration that the defendants therein (present respondents 3 to 6) are rank trespassers with respect to the suit land, a decree for ejectment of the defendants from the suit land and also a decree for confirmation of possession of the plaintiffs with consequential reliefs such as permanent injunction. In the said suit, the present petitioner was not made a party. The suit had been filed against the Respondents 3 to 6. The learned Civil Judge (Sr. Divn.) No. II, Manipur vide judgment and decree dated 3.08.2012, allowed the suit and restrained the defendants therein (present respondents Nos. 3 to 6) from causing further demolition of the school building and making any further construction on the suit land except for educational purposes. Challenging the above judgment and decree, an appeal was preferred by the present petitioner before the learned District Judge, Manipur. The said appeal bearing No. 5 of 2014 having been dismissed, the present Revision has been filed.

(3.) THE case of the present petitioner is that by order of the Secretary, Planning & Development Authority, Manipur at Annexure A/2, a letter was written to the Secretary, Municipal Administration, Housing and Urban Development, Govt. of Manipur for declaration of a scheme on the basis of a resolution passed in one of the meetings of the Planning and Development Authority, Manipur that the existing site of Raja Dumbra Singh High School be declared as a "scheme area" for the purpose of development of a Commercial Centre. Approval was accorded by the State Government to make such declaration on 26th May, 2009 in Annexure A/3. After approval was accorded by the State Government, vide Gazette notification dated 19th June, 2009, the site of Raja Dumbra Singh High School and it's adjoining khas land areas were declared as a "scheme area" for the purpose of development of a commercial complex. A further decision was taken by the Education Department (School Section), Govt. of Manipur in Annexure A/5 to hand over the suit land to MAHUD for taking up follow up action for the development of a commercial complex. According to the petitioner, the land having been declared as a "scheme area", the Planning and Development Authority, Manipur (Petitioner) should have been made a party in the suit. Further case of the petitioner is that without making the petitioner a party in the suit, a decree was obtained from the Court of the learned Civil Judge in the manner as stated earlier. Since the petitioner is affected by the decree, it filed the appeal against the decree of the learned Civil Judge along with a prayer for leave of Court to file the appeal.