Manipur High Court
Singh vs The State Of Manipur Through The ... on 30 November, 2021
LAISHRAM Digitally signed by
LAISHRAM
DHAKESH DHAKESHORI DEVI [1]
Date: 2021.11.30
ORI DEVI 13:23:42 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 623 of 2020
H. Nilamani Ngangkha Lampak Sports Complex Development
Committee, Moirang, a registered Society being Regd. No. 60 of
2009 represented by its Vice-President, Moirangthem Ibocha
Singh, aged about 65 years, S/o (Late) M. Iboton Singh of
Moirang Ngangkhalawai Awang Leikai, P.O. & P.S. Moirang,
District Bishnupur, Manipur - 795133.
... Petitioner
-Versus-
1. The State of Manipur through the Chief Secretary (Home),
Government of Manipur, Babupara, Old Secretariat Building,
P.O. & P.S. Imphal, Imphal West District, Manipur-795001.
2. Manipur Police Housing Corporation a Government of Manipur
undertaking, through its Managing Director near 2nd Manipur
Riles Complex, A.T. Line, P.O. & P.S. Imphal, Imphal West
District, Manipur - 795001.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
For the petitioner ∷ Shri N. Ibotombi, Sr. Advocate
For the respondents ∷ Shri N. Umakanta, Advocate; Shri
Niranjan Sanasam, GA
Date of Hearing ∷ 29-10-2021
Date of Judgment & Order ∷ 30-11-2021
JUDGMENT AND ORDER
[1] Heard Shri N. Ibotombi, learned Senior Advocate appearing for
the petitioner; Shri N. Umakanta, learned Advocate appearing for the
respondent No.2 and Shri Niranjan Sanasam, learned Government
Advocate appearing for the respondent No.1.
WP(C) No. 623 of 2020 Contd.../-
[2]
[2] By the instant writ petition, the petitioner committee has prayed
for issuing a writ of mandamus or any other appropriate writ to direct the
respondents to develop/ improve H. Nilamani Ngangkha Lampak Sports
Complex Ground (hereinafter referred to as "the Soprts Complex") by
filing earth i.e. 3 ft. above the helipads level with construction of drain in
and around the Sports Complex and pucca fencing on its eastern and
northern side as assured by the State Government.
[3.1] The petitioner committee is a society registered under the
provisions of the Manipur Societies Registration Act, 1989 (hereafter
referred to as "the Act, 1989") and it was founded in the year, 2006 which
has been maintaining the Sports Complex developed with the land
purchased with the funds donated by the family members of late veteran
freedom fighter, Shri H. Nilamani Singh and Shri Moirangthem Ibocha
Singh. The Sports Complex is the only play ground in the greater Moirang
area and is a suitable ground for various games viz. Football, Hockey,
Volleyball, etc. including athletic 400 meter track and field.
[3.2] Prior to the arrival of the Hon'ble President of India in
connection with the Sangai Festival, 2017, the respondents without giving
any information/ notice to the petitioner committee, tried to construct three
helipads at war footing at the said Sports Complex. Being affronted at the
damage caused by that, the committee members and well-wisher of the
surrounding villagers requested the authority not to construct the helipads
at the Sports Complex but to repair and use the existing helipad which
was constructed a few years ago and located a kilometer away from the
WP(C) No. 623 of 2020 Contd.../-
[3]
present site.
[3.3] As the construction of helipads at the Sports Complex could not
be done due to the objection raised by the committee members and well-
wisher of the Sports Complex, the Hon'ble MLA of Moirang Assembly
Constituency, Shri P. Sharatchandra who is the Government Chief whip
and Advisor to the Chief Minister, Manipur (Economics Affairs & Human
Resource Development) appealed to them for allowing the State
Government to construct the helipads at the Sports Complex, for which
he assured that the Sports Complex would be repaired/ developed on
priority basis. Moreover, the then Hon'ble Minister, Shri Th. Shyamkumar,
Forest and MAHUD, the Hon'ble MLA, Shri S. Shusindro assured the
committee members and well-wisher of the Sports Complex that the State
Government would improve/ develop the said Sports Complex by filling
earth i.e. 3 ft. high above the helipad's level with construction of drain in
and around the Sports Complex and pucca fencing on its eastern and the
northern side and thereafter, three helipads were constructed at the
Sports Complex. In fact, the petitioner committee expressed their heartfelt
gratitude to the Hon'ble Minister, Forest & MAHUD for the assurance
given by him for the improvement of the Sports Complex.
[3.4] But nothing was done, thereafter, towards the development of
the Sports Complex and accordingly, the petitioner committee submitted
a representation dated 21-11-2017 to the Hon'ble Chief Minister, Manipur
requesting him to do the needful which was received by the Hon'ble
Minister, Forest and MAHUD on his behalf. Thereafter, the respondents
WP(C) No. 623 of 2020 Contd.../-
[4]
made a measurement for the improvement of the Sports Complex by
preparing estimates but the same was not approved till date. The
petitioner committee, by way of a representation dated 13-12-2017,
requested the Hon'ble Chief Minister. Manipur to develop it as agreed,
followed by another representation dated 23-12-2017 submitted to him.
[3.5] As the needful was not done by the State Government in spite of
the assurance given by the Hon'ble Minister, the petitioner committee
through its Vice-President, filed an application dated 12-11-2019 to the
Deputy Commissioner, Bishnupur and the respondent No.2 under Section
6(1) of the RTI Act, 2005 for furnishing the following information:
(i) Copy of the decision taken by the competent authority for
constructing the three numbers (s) of helipads which were
constructed with link roads crossing over the ground along with
copy of minutes of file noting of the decision.
(ii) Who was the person that proposed for the selection of
place/site for the said helipads to be constructed at the said
complex?
(iii) Whether the said land/sports complex is public land? If yes,
please provide the copy of relevant land records. If not, please
give the relevant rules/ laws permitting to the authority concern
for executing a construction works at the premise of private land
without requisition or prior information to the land owner.
(iv) Copies of the work order, sketches/ engineering drawing,
detailed abstract of cost, sanction orders, M.B. sources of the
fund and detailed head of the account of the said construction
of helipads.
(v) Copies of the APRs, Vouchers and relevant documents for
paying the bills of the said works along with the statement of
WP(C) No. 623 of 2020 Contd.../-
[5]
expenditure and statement of account of the bank account
deposited the said required amount of fund for constructing the
said helipads.
(vi) Name of designation of the officials who were involved in the
construction of the said helipads.
(vii) Was there any repairing and developing the said playground
and its relevant roads which is impacted by the construction of
helipads? If yes, please give the copies of documents including
sanction order, work order etc. indicating the said repairing and
development. If not, please disclose as when the said works will
be done.
[3.6] The Deputy Commissioner, Bishnupur vide its letter dated 14-11-
2019 forwarded the said RTI application to the Special Secretary (Home),
Government of Manipur for providing information sought for by the
petitioner committee. The office of the respondent No.2 vide a letter dated
11-12-2019 requested the Inspector General of Police (Adm.), Manipur to
advise whether the information sought for should be provided or not.
However, no information was provided by the authorities as contented by
the petitioner committee. As the first appeal filed before the
Commissioner (Home), Government of Manipur was also not disposed of,
the petitioner committee filed a second appeal before the Manipur
Information Commission on 05-03-2020. Thereafter, the Home
Department vide its letter dated 24-09-2020 furnished information only in
respect of query No. 2, 3 and 6. The SPIO of the respondent No.2 vide a
letter dated 07-08-2020 also informed the petitioner committee that the
construction of the three helipads at the Sports Complex was a project of
the Home Department, Government of Manipur and the respondent No.2
WP(C) No. 623 of 2020 Contd.../-
[6]
was only the work agency.
[3.7] Being aggrieved by the inaction on the part of the respondents,
the petitioner committee filed the instant writ petition on the inter-alia
grounds that as the State Government assured the petitioner committee
for the improvement of the Sports Complex and even the estimates had
been prepared for that purpose, the State Government was duty bound to
fulfill their promise. The assurance given by the authority was a promise
by conduct and hence, the doctrine of promissory estoppel would bind
them. it is well settled that the true principle of promissory estoppel is that
where one party has by his word or conduct made to the other a clear
and unequivocal promise or representation which is intended to create
legal relations or effect a legal relationship to arise in the future, knowing
or intending that it would be acted upon by the other party to whom the
promise or representation is made and it is in fact so acted upon by the
other party, the promise or representation would be binding on the party
making it and he would not be entitled to go back upon it, if it would be
inequitable to allow him to do so, having regard to the dealings which
have taken place between the parties.
[4] An affidavit has been filed on behalf of the respondent No.2
stating that the petitioner committee being a society, ought to have filed
the writ petition through an authorized person and since it had been filed
by the Vice-President, his authority must be proved before going into the
merit of the case. No direction can be issued against it, as the
development of any sports infrastructure in a State is totally within the
WP(C) No. 623 of 2020 Contd.../-
[7]
domain of the Sports Authority of the State Government. The allegation
by the petitioner committee regarding assurance given by the State
Government is subject to strict proof thereof and cannot be looked into by
this Court. Regarding the relief sought for, the petitioner committee may
at best agitate before the appropriate forum and not before this Court. it is
true that the respondent No.2 constructed the helipads at the Sports
Complex but the role of the Respondent No.2, being an implementing
agency, was to execute orders and instructions given by the State
authorities. In this regard, the construction of the helipads as done by the
respondent No.2, was on the instruction of the Home Department,
Government of Manipur during the Sangai Festival 2017, for which his
Honour, Shri Ram Nath Kovind, the President of India who is under Z+
Security cover, consented to be the Chief Guest at the last moment and
the construction work had to be taken up on a war footing and in an
urgent manner. If the petitioner committee had any grievances with the
construction of the helipads, the same might be ventilated before the
concerned authority. The Respondent No.2 furnished the information
which was within its domain/ authority. For the rest of the queries made
by the petitioner committee, the respondent No.2 informed it to seek
information from the concerned authority, i.e, the State Home Department
as envisaged under the RTI Act, 2005. The statement of the petitioner
committee that the State Government had assured for improving the
sports complex is a matter to be proved by it. The premise on which the
petitioner committee founded its claim, is the assurance alleged to have
WP(C) No. 623 of 2020 Contd.../-
[8]
been made by the State Government which cannot be the basis for filing
the writ petition. The remedy of the petitioner committee, if at all it is
entitled to by it, lies elsewhere and not before this Court which is a Court
of record and not a Court to adjudicate issues based on conjectures and
accordingly, the writ petition is misconceived and without any foundation.
No counter was filed on behalf of the respondent No.1 and
therefore, the averments made in the writ petition will be deemed to have
been admitted by it in terms of various decisions rendered by the Hon'ble
Supreme Court in this regard.
[5] In its rejoinder, it has been stated by the petitioner committee
that as Shri Shobha Hemamcha, the President and Shri Y. Babu Singh,
Vice President-I of the petitioner committee were physically weak due to
old age and could not discharge their duties effectively, a meeting of the
petitioner committee was held on 12-01-2018 wherein it was resolved to
allow the Vice-President-2, Shri N. Ibocha Singh to discharge the duties
of the president of the petitioner committee, for which an order dated 12-
01-2018 was issued. As assured by the State Government including the
then Hon'ble Minister, Forest and MAHUD, Government of Manipur, the
Hon'ble MLA Shri S. Shusindro and Hon'ble MLA of Moirang Assembly
Constituency, Shri P. Saratchandra for improvement and development of
the Sports Complex, the petitioner committee allowed them to construct
three helipads at the Sports Complex.
[6] From the pleadings as aforesaid, it is not in dispute that the
WP(C) No. 623 of 2020 Contd.../-
[9]
petitioner committee is a society registered under the provision of the Act,
1989 and as the president was weak due to old age, the vice-president
was authorized to file the instant writ petition. From perusal of the
jamabandis placed on record, it is seen that the lands which appear to be
agricultural land, are either in the name of the Secretary/ President of the
petitioner committee or in the name of Shri H. Nilamani Singh as the
Secretary/ President of the petitioner committee, as the pattadar. But it is
not clear as to whether the petitioner committee is the owner of the said
lands or not because it is nowhere stated in the petition about its being
the owner except stating that it maintains the Sports Complex. Whether
the petitioner committee is the owner of the said lands or not, the fact
remains that it is in possession of the said lands maintaining the Sports
Complex in public interest wherein three helipads had been construct by
the respondent No.2 as per the direction of the State Government.
[7] The allegation of the petitioner committee, in short, is that when
the members of the committee and the well-wishers of the Sports
Complex raised objection to the construction of the three helipads, the
Hon'ble MLA of Moirang Assembly Constituency, Shri P. Sharatchandra
who is the Government Chief whip and Advisor to Chief Minister, Manipur
(Economics Affairs & Human Resource Development) appealed to them
for allowing the State Government to construct the helipads at the Sports
Complex, for which he assured that the Sports Complex would be
repaired/ developed on priority basis. It has further been alleged that the
then Hon'ble Minister, Shri Th. Shyamkumar, Forest and MAHUD, the
WP(C) No. 623 of 2020 Contd.../-
[10]
Hon'ble MLA, Shri S. Shusindro assured the committee members and
well-wisher of the Sports Complex that the State Government would
improve/ develop the said Sports Complex by filling earth i.e. 3 ft. high
above the helipad's level with construction of drain in and around the
Sports Complex and pucca fencing on its eastern and northern side and
thereafter, three helipads were constructed at the Sports Complex. But
they failed to honour their assurances and promises.
[8] The doctrine of promissory estoppels mandates that the
Government cannot escape its liability when a citizen has altered his
position relying upon the representation or assurance made by public
officials. The short question that arises for consideration by this Court is
as to whether the State Government had ever made any promise for the
development of the Sports Complex as alleged by the petitioner
committee. As regards the facts of the present case, the said three
helipads were undoubtedly constructed by the State Government through
its construction agency, the respondent No.2 herein. However, there is no
any material on record to show that the State Government or for that
matter, the respondent No.2 had ever given any assurance or made any
promise that if they were permitted to construct the said three helipads,
they would repair/ develop the Sports Complex. It may be noted that if
any assurance or promise is to be made by the State Government, it shall
be in writing through the Secretary of the concerned Department for the
reason that the State is an institution. Neither the then Hon'ble Minister
(Forest and MAHUD), Shri Th. Shyamkumar, who was not the Minister in
WP(C) No. 623 of 2020 Contd.../-
[11]
charge of Home Department nor the Hon'ble MLA, Shri S. Shusindro nor
the Hon'ble MLA, Shri P. Sharatchandra could represent the State
Government, in the sense that they could make no assurance or promise
on behalf of the State Government. Moreover, although the allegation had
been made against them, none of them was made a party in the writ
petition. The only document, in respect of the assurance alleged to have
been given by them, which is on record, is the letter/ appeal dated 20-11-
2017 issued by the Hon'ble MLA, Shri P. Saratchandra representing
Moirang Constituency. As has been observed hereinabove, he cannot
give any assurance on behalf of the State Government and it may have
been done by him in his individual capacity as the Hon'ble MLA, for which
he being a representative of the people, is morally responsible. But
nothing can be done by this Court against him in this regard, as he is not
a party in the writ petition. In other words, he cannot be condemned
unheard. Moreover, it is nowhere stated in his letter/ appeal that
repairing/ development of the Sports Complex would be done by the
State Government. All that he has stated, is that the Sport Complex
would be developed/ repaired with the Government assistance on priority
basis. In view of the aforesaid facts and circumstances, this Court is of
the view that no writ of mandamus can be issued to the State
Government directing it for the development of the Sports Complex.
[10] Even though no writ lies in the matter, the fact remains that it is
the State Government which had constructed the said three helipads at
the Sports Complex causing damages thereon. In other words, since it is
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[12]
the duty and responsibility of the Governments including the State
Government to provide requisite infrastructure for the development of
sports in the country, even assuming that no promise was made by the
State Government as alleged, it is its moral responsibility to repair the
damage caused by the construction of the three helipads in the interest of
public leaving aside the legal technicalities.
[11] In view of the above and for the reasons stated hereinabove, the
instant writ petition stands disposed of with the direction that the State
respondent may sympathetically consider the claim of the petitioner
committee, irrespective of whether the promise was made by the State
Government or not, so that the Sports Complex can be brought back
towards its original position, in the sense that the Sports Complex can be
used by the people of that area for the sports purpose.
JUDGE
FR / NFR
Victoria
WP(C) No. 623 of 2020 Contd.../-
