[Cites 1, Cited by 0]
Manipur High Court
Phaningshang Ningshem & 10 Ors vs State Of Manipur & 7 Ors on 2 February, 2026
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 6-7
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 69 of 2026 with
MC(WP(C) No. 76 of 2026
Phaningshang Ningshem & 10 Ors.
.....Petitioner/s
- Versus -
State of Manipur & 7 Ors.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order
02.02.2026
[1] Heard Mr. M. Hemchandra, learned senior counsel
assisted by Mr. M. Rendy, learned counsel for the petitioners, Mr. S.
Niranjan, learned G.A. for the State respondent and Mr. Qulu, learned
counsel appearing on behalf of Mr. BR. Sharma, learned CGC for
respondent No. 8.
[2] Mr. M. Hemchandra, learned senior counsel for the
petitioners, submits that the petitioners are affected villagers of Koso,
Leishi, Leiting, Phanlang, Shakok, Shangshak Khullen, Loushing,
Alang, Phungyar, Khambi and Chungka Village from Kamjong and
Ukhrul jurisdiction by notification bearing No. 3/5/SSK-TP(NH-102A)
DC-KMJ/2021/pt-1/1109 dated 14.02.2025 and Gazette Notification
S.O. 490(E) dated 27.01.2025 and notification No. 10/171/2021-
REV(UKL) dated 23.08.2024 and Gazette notification S.O. 3479 (E)
dated 14.08.2024.
[3] The petitioners and others submitted various
representations and objections for re-survey of affected land before
passing any award under Section 3 of the National Highway Act. It is
also submitted that similar writ petition being WP(C) No 471 of 2025
filed by other affected persons is also pending before this Court praying
for similar relief.
[4] Mr. M. Hemchandra, learned senior counsel for the
petitioners, submits that the petitioners also submitted common
representation dated 03.11.2025 addressed to (i) The Chief Secretary,
Govt. of Manipur, (ii) The Additional Chief Secretary (TA & Hills), Govt.
of Manipur, (iii) The Deputy Commissioner/CALA, Kamjong District,
Manipur and (iv) The Deputy Commissioner/CALA, Ukhrul District,
Manipur. It is stated that without considering the representations
submitted by the petitioners, the Deputy Commissioner/CALA,
Kamjong District issued notification dated 20.01.2026 calling for bank
account details of the affected persons for preparation of 3G
publication as per guidelines of Ministry of Road Transport and
Highways, Government of India. It is submitted that if the proceeding is
proceeded further without considering the objections and
representations of the petitioners and other affected land owners, the
very purpose of filing the writ petition will become infructuous.
[5] In the writ petition, the main prayer is for setting aside the
notification dated 20.01.2026 issued by the DC/CALA, Kamjong District
and also for considering the representation, especially the latest
representation dated 03.11.2025.
[6] Mr. M. Hemchandra, learned senior counsel for the
petitioners, submits that writ petition may be disposed of at this stage
by directing the respondents, especially DC/CALA, Kamjong District
and Ukhrul District to consider the representations and objections
submitted by the petitioners and other affected persons before passing
any final order and by giving opportunity of being heard to the affected
villagers.
[7] Mr. S. Niranjan, learned G.A., submits that at this stage,
interference to notification dated 20.01.2026 may not be warranted.
However, the writ petition may be disposed of as prayed for by the
learned senior counsel for the petitioners for considering their
representations and objections before passing final order.
[8] Mr. Qulu, learned counsel for respondent No. 8, also
adopts the submissions of Mr. S. Niranjan, learned G.A.
[9] Considering the limited prayer advanced before this
Court, the writ petition is disposed of by directing the respondents,
especially DC/CALA, Kamjong District and Ukhrul District to consider
the representation dated 03.11.2025 submitted by the petitioners
herein before passing a final order and the petitioners may be given
opportunity of being heard before passing final order.
[10] It is made clear that this Court does not express any
opinion on the merit of the case.
[11] With this observation, writ petition is disposed of. Misc.
application is also disposed of.
JUDGE
Kh. Joshua Maring
KH. Digitally signed
by KH. JOSHUA
JOSHUA MARING
Date: 2026.02.03
MARING 15:36:18 +05'30'
