OKRAM DAMU SINGH Vs. DIST COLLECTOR LAND ACQUISITION IMPHAL

JUDGEMENT

(1.) The petitioners have filed this application under Article 226 of the Constitution of India for quashing the Notification dated 25th of April, 1975 contained in Annexure-A/3 and the Notification dated 23rd of January, 1978 contained in Annexure-A/4 whereby the Government of Manipur acquired land measuring 336.92 acres for a public purpose viz. for construction of Jawaharlal Nehru University Centre at Canchipur.

(2.) The case of the petitioners is that by the aforesaid Notifications the Government of Manipur acquired land measuring 336.92 acres including the lands belonging to the petitioners covered by C.S. Plot Nos. 490, 491, 492 and 493 situate in Village No. 67 under Old Patta No. 43 and New Patta No. 81 and also C.S. Plot No. 494 situate in village No. 67 under- Old Patta No. 81 and New Patta No. 41. It is; stated that the petitioners are the owners of the: aforesaid plots and those are being used by them for residential purpose for more than 50 years and those plots were also recorded in the names of the petitioners in the Jamabandi Patta.

(3.) The further case of the petitioners is that these lands were acquired for the purpose of establishing Jawaharlal Nehru University Centre under the provisions of the Jawaharlal Nehru University Act, 1956. But after constitution of the Manipur University Act, 1980, the Jawaharlal Nehru University Centre ceased to function and as such Manipur University has not acquired any right to get the aforesaid lands as the purpose for which the lands were acquired ceased to exist after constitution of the Manipur University Act, 1980. It has also been stated that although by Notification dated 30th of October, 1982 contained in Annexure- A/7 it was stated that the Collector, Land Acquisition (Central), Manipur took over possession of the lands, in fact the petitioners are still in possession of the lands and they never received any compensation for acquisition of the aforesaid lands. Therefore, the resolution of the syndicate of the Manipur University to hand over the lands of C.S. Plot Nos. 491,492 and 493 to the Superintendent of Police, Imphal for the purpose of construction of Police Outpost at Canchipur is illegal.