Manipur High Court
Mr. Rolly Hongam vs The Union Of India Represented By The ... on 11 January, 2024
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
SHOUGRA Digitally signed [1]
by
KPAM SHOUGRAKPAM
DEVANANDA
DEVANAN SINGH IN THE HIGH COURT OF MANIPUR
Date: 2024.01.11
DA SINGH 16:14:17 +05'30' AT IMPHAL
WP (C) No. 403 of 2023
Mr. Rolly Hongam, aged about 40 years, S/o Late H. Angting
Monsang of Chandel Village, P.O., P.S. and District - Chandel,
Manipur.
... Petitioner
-Versus-
1. The Union of India represented by the Secretary, Ministry of
Telecommunication (Bharat Sanchar Nigam Ltd.), Govt. of
India, New Delhi - 110011.
2. The Chief General Manager, Task Force, Bharat Sanchar
Nigam Ltd., North East Region, Gauhati -781001.
3. The State of Manipur, represented by the Secretary/
Commissioner (Revenue), Govt. of Manipur, Old Secretariat,
South Block, Pin No. 795001.
4. The Deputy Commissioner/ Chandel, Govt. of Manipur,
Chandel, Pin No. 795127.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the Petitioner :: Mr. N. Biren, Advocate
For the respondents :: Mr. S. Kaminikumar, CGSC;
Mr. B.R. Sharma, CGSC &
Mr. Niranjan Sanasam, GA
Date of Hearing :: 08-12-2023
Date of Judgment & Order :: 11-01-2024
JUDGMENT & ORDER
[1] Heard Mr. N. Biren Singh, learned counsel appearing for the
petitioner, Mr. S. Kaminikumar, learned CGSC appearing for the
respondent No. 1, Mr. B.R. Sharma, learned CGSC appearing for the
WP(C) No. 403 of 2023 Contd.../-
respondent No. 2 and Mr. Niranjan Sanasam, learned GA appearing for the
respondents No. 3 and 4.
The present writ petition had been filed with the prayer for
directing the respondents to implement the judgment and order dated
06-01-2011 passed by the Gauhati High Court, Imphal Bench in WP(C)
No. 141 of 2003 within a stipulated period and also for directing the
respondents to pay adequate land compensation for the land of the
petitioner taken over by the respondents.
[2] The relevant facts of the present case, in brief, are that the
petitioners' father, namely Shri H. Angting/ Angtin Monsang was the Chief
of Japhou village, Chandel and he died on 09-03-2017. During the life time
of the petitioner's father, he donated a piece of land measuring 400 ft. x 100
ft. for establishment of Ultra High Frequency Telecommunication Link at
Chandel District under Micro Wave Project under the terms and conditions
of appointing his son against a Grade-III or Grade-IV post in the Post and
Telegraph Department or any suitable Department by executing a Kachha
Deed dated 22-05-1984, which is enclosed as Annexure R/4 to the affidavit-
in-opposition filed by the respondent No. 4. The said land was donated by
the petitioner's father on the requisition being made by the respondents No.
1 and 2 through the respondents No. 3 and 4. Later on, the Secretariat
Revenue Department issued an order dated 30-10-1984 allotting the land
donated by the petitioner's father in favour of the Post and Telegraph
Department for the purpose of setting up Ultra High Frequency
Telecommunication Link at Chandel District.
WP(C) No. 403 of 2023 Contd.../-
[3] When the authorities, who acquired the land donated by the
petitioner's father, failed to give any appointment in terms of the conditions
stipulated while donating the land, the petitioner's father filed a writ petition
being WP(C) No. 141 of 2003 before the Gauhati High Court with the prayer
for directing the Commissioner, Revenue Department, Government of
Manipur and the Deputy Collector, Chandel District, to initiate land
acquisition proceedings for the land occupied by the BSNL, the
respondents No. 1 and 2 herein, for establishment of the Micro Wave
Centre and also for the land utilized for constructing the approach road
leading to the said centre having a total area of 1.68 acres approximately
and to pay the compensation for the land. The said writ petition was
disposed of by a judgment and order dated 06-01-2011 with the following
directions:-
"13. In the above factual background, this writ petition is disposed of
by directing the respondents- 3 and 4 to acquire the said land
under the Land Acquisition Act, 1894 and the award should be
prepared by the Collector for the said land and the amount of the
award should be borne by the respondents-1 and 2. The whole
exercise for acquisition of the said land and preparation of the
award should be completed within a period of 4 (four) months
from the date of receipt of the certified coy of this order."
[4] Pursuant to the directions given by the High Court, the
Secretariat, Revenue Department, Government of Manipur, issued a
notification dated 23-09-2011 under Section 4(1) of the Land Acquisition
Act, 1894 notifying that the land having an area of 2.62 acres as described
in the said notification was likely to be needed for public purpose, i.e., for
establishment of Micro Wave Centre and its approach road at Japhou
WP(C) No. 403 of 2023 Contd.../-
Village in Chandel District. In the said notification, the owner of the land
proposed to be acquired, is shown as the father of the present petitioner.
Subsequently, the Deputy Collector, Chandel issued another notice dated
31-07-2012 under Section 9 of the Land Acquisition Act, 1894 calling
objections or complaints to the proposed acquisition of land. Thereafter, no
further steps were taken up by the authorities for acquisition of the said
land. Having been aggrieved, the petitioner approached this court by filing
the present writ petition for redressing his grievances.
[5] Mr. N. Biren, learned counsel appearing for the petitioner
submitted that in the writ petition being WP(C) No. 141 of 2003 filed by the
father of the present petitioner, the Gauhati High Court, Imphal Bench, have
given specific directions to the respondents to acquire the land taken over
by the BSNL under the Land Acquisition Act, 1894 and the award so passed
or prepared by the Collector for the said land should be borne by the BSNL.
The respondents have not challenged the said judgment and order dated
06-01-2011 passed in WP(C) No. 141 of 2003 till today and as such, the
matter has attained finality. It has further been submitted by the learned
counsel that pursuant to the direction given by the High Court, the
Secretariat, Revenue Department as well as the Deputy Collector, Chandel
issued notifications under Section 4 & 9 of the Land Acquisition Act for
acquiring the land taken over by the BSNL, however, quite surprisingly and
without any valid reason, the respondents No. 3 and 4 have stopped the
land acquisition proceedings and the petitioner had been deprived of
getting any compensation for his land taken over by the BSNL. The learned
counsel, accordingly, submitted that the present writ petition may be
WP(C) No. 403 of 2023 Contd.../-
disposed of by directing the respondents to complete the land acquisition
proceedings and to pay the land compensation amount for the land taken
over by the BSNL within a stipulated period by way of implementing the
earlier directions given by the Gauhati High Court.
[6] Mr. S. Kaminikumar, learned CGSC and Mr. B.R. Sharma,
learned CGSC appearing for the respondents No. 1 and 2 respectively
submitted that as the respondents No. 3 and 4 have not completed the land
acquisition proceedings in terms of the earlier directions given by the
Gauhati High Court, the respondents No. 1 and 2 cannot pay any
compensation amount for the land acquired by them. The learned counsels
also submitted that the respondents No. 1 and 2 are not contesting the
present writ petition and that any appropriate order as deem fit and proper
may be passed by this court.
[7] Mr. Niranjan Sanasam, learned GA appearing for the
respondents No. 3 and 4 submited that as the land in question was allotted
by the Government in favour of the Post and Telegraph Department for
setting up Ultra High Frequency Telecommunication Link at Chandel under
Micro Wave Project by issuing an allotment order dated 30-11-1984, there
is no question for payment of land compensation to the petitioner. It has
also been submitted by the learned GA that the land in question being a
Government land, the need for acquiring the said land under the Land
Acquisition Act does not arise, therefore, the earlier notifications dated
23-09-2011 and 31-07-2012 should not have been issued to initiate land
acquisition proceedings. The learned GA lastly submitted that the present
writ petition is devoid of merit and the same is liable to be rejected.
WP(C) No. 403 of 2023 Contd.../-
[8] The undisputed fact as revealed from a close scrutiny of the
records is that the land in question was donated by the father of the
petitioner for establishment of Ultra High Frequency Telecommunication
Link at Chandel District Headquarter on the terms and conditions that his
son should be appointed against a Grade-III or Grade-IV post in the Post
and Telegraph Department or any suitable Department by executing a
Kachha Deed dated 22-05-1984. On examination of the said Kachha Deed,
it cannot also be ascertained as to whom the said land was donated and as
such, any claim made by the State respondents that the said land is a
Government land is without any basis. Moreover, all the respondents have
not denied the fact that the said land belongs to the father of the petitioner
and that the said land is a private land. If that is so, the Government has no
authority or power for allotting the land which belongs to a private individual.
It is also an undisputed fact that the donation of the land was subject to the
terms and conditions that the authorities should appoint the son of the donor
against any suitable Grade-III or Grade-IV post in the Post and Telegraph
Department or any other suitable Department. When the authorities failed
to fulfil the terms and conditions for donating the land in question, in my
considered view, the donor has every right to reclaim the donated land or
to claim for payment of compensation for the said land. Moreover, since the
respondents have not challenged the earlier directions given by the Gauhati
High Court, Imphal Bench in its judgment and order dated 06-01-2011
passed in WP(C) No. 141 of 2003 till today, the matter has attained finality
and the respondents are duty bound to implement such directions given by
the High Court. Accordingly, the respondents are hereby directed to
WP(C) No. 403 of 2023 Contd.../-
implement and carry out the directions given by the Gauhati High Court,
Imphal Bench in its judgment and order dated 06-01-2011 passed in WP(C)
No. 141 of 2003 as early as possible but not later than six months from
today.
With the aforesaid directions, the present writ petition is disposed
of. Parties are to bear their own costs.
JUDGE
FR / NFR
Devananda
WP(C) No. 403 of 2023 Contd.../-
