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Manipur High Court
The Loktak Development Authority vs Court On Its Own Motion on 12 March, 2026
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by
JOHN JOHN TELEN KOM
TELEN KOM Date: 2026.03.13
19:17:13 +05'30'
Sl. No.3
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(PIL)No.14 of 2025
Ref: (i) MC (PIL)No.14 of 2019
(ii) PIL No.24 of 2017
The Loktak Development Authority, Manipur represented by its
Project Director, having its Administrative Office at Secure Building,
2nd Floor, AT Lane, North AOC, Imphal West, Manipur-795001.
Applicant
Vs.
Court on its own Motion.
Respondent
BEFORE
HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For Applicant : Mr. Lenin Hijam, Advocate General for Mr. H.
Kenajit, learned Advocate.
Mr. I. Denning, Amicus Curiae.
Date of Order : 12.03.2026
JUDGMENT AND ORDER
(ORAL)
M. Sundar (C.J.):
[1] Captioned 'miscellaneous case' ('MC' for the sake of breivity)
has been taken out by Loktak Development Authority (LDA) with a prayer
to vacate 'interim order dated 17.07.2019' ('said order' for the sake of
brevity and convenience), to be noted, though said order is an interim
order, the same has been made by Hon'ble predecessor Bench in the
main 'Public Interest Litigation' ('PIL' for the sake of brevity) itself.
[2] In and vide 'said order', this Court, inter- alia ordered that no
new project or development programme shall be taken up by LDA or any
other State authorities in and around Loktak Lake without the leave of this
Court.
[3] Pending said order, LDA took out an earlier miscellaneous
case being MC(PIL)No.16 of 2019 with a prayer to allow LDA to initiate
the process of floating tenders i.e., process of issuing Notices Inviting
Tenders (NIT) for implementation/execution/completion of 'Loktak Inland
Waterways Improvement Project'. This MC(PIL) No.16 of 2019 was
disposed of by another predecessor Bench {to which one of us (Mr. Justice
Ahanthem Bimol Singh)} was party in and vide an order dated 12.10.2020
inter- alia referring to Integrated Management Plan (IMP) of Wise Use of
Loktak Lake, Manipur and saying that permission as sought for by LDA is
accorded subject to the condition that necessary statutory clearances are
obtained from all departments concerned more particularly from Ministry
of Environment, Forest and Climate Change, Government of India ('MoEF'
for the sake of brevity).
[4] In the hearing today, Mr. Lenin Hijam, learned senior
advocate and learned Advocate General (AG) for the State of Manipur,
appearing on behalf of Mr. H. Kenajit, learned counsel representing LDA
(to be noted, 'LDA' is respondent No.3 in main PIL), Mr. Boboy
Potsangbam, learned Central Government Standing Counsel (CGSC) for
Union of India, MoEF ('MoEF' is respondent No.4 in main PIL) and Mr. I.
Denning, learned counsel and Amicus are before this Court.
[5] This Court heard learned AG, all the counsel and learned
Amicus.
[6] After afore-referred 12.10.2020 order was made by Hon'ble
predecessor Bench in MC(PIL) No.16 of 2019, MoEF in and vide letter
dated 18.03.2024 bearing reference No. F.No.J-22012/2/86-CS(W)
PtFile-Part(1) wrote to the Principal Pay & Accounts Officer conveying
approval of Hon'ble President of India for administrative approval and
expenditure sanction for implementation of afore-referred IMP. To be
noted, this Court is informed that IMP has been prepared inter-alia by
Wetlands International South Asia ('WISA' for the sake of convenience)
which we are informed is knowledge partner of State of Manipur
designated by MoEF. A careful perusal of IMP brings to light that re-
organization of LDA has been suggested and this finds place in the
executive summary of IMP originally prepared in 2019 too.
[7] Learned AG, drawing our attention to afore-referred
18.03.2024 communication submits that a sum of 145.2662 crores has
been made available for implementation of 'IMP' qua Loktak Wetland in
Manipur. Learned AG submits that this budgetary allocation would lapse
if it remains unutilized and that has necessitated the captioned MC.
[8] Learned AG, adverting to an affidavit dated 07.03.2026 (to
be noted, Chief Secretary Government of Manipur is deponent of this
affidavit), submitted that multi-disciplinary and multi-sectorial units have
been put in place and that is in consonance with the re-structuring of LDA
qua IMP, the multi-sectorial and the multi-disciplinary endeavor consists
of 7(seven) units and the details as contained in the affidavit is as follows:
[9] This Court carefully considered the submissions of learned
AG and all the learned counsel and also the learned Amicus who is
assisting the Court and finds that the following developments have
unfurled post said order (order dated 17.07.2019) and order dated
12.10.2020 made thereafter in MC(PIL) No.16 of 2019 and an
adumbration of developments is as follows:
(i) the 'IMP' has been given administrative approval inter-
alia by 'MoEF';
(ii) 'MoEF' has allocated 145.2662 crores and this
budgetary allocation will lapse if it remains unutilized in
this financial year;
(iii) the multi-disciplinary and multi-sectorial units
suggested by the Chief Secretary of Manipur talks about
multiple posts after re-organization but there is a
shortfall of 89 posts and the same will be filled up by
kick starting recruitment process shortly;
[10] In the light of the narrative thus far, we find that the interim
order dated 17.07.2019 which is now operating need not be vacated but
can be modified to facilitate use of the budgetary allocation without the
same lapsing and in this view of the matter, we make the following order:
(a) the Government of Manipur, more particularly the multi-
disciplinary and multi-sectorial units set out in tabulation
supra, shall now proceed with Conservation and
Management work as per letter dated 18.03.2024 from
MoEF to Principal Pay and Account Officer bearing
reference No. F.No.J-22012/2/86-CS(W) PtFile-Part(1)
and strictly in accordance with law. To be noted, this
directive of ours can be traced to a statutory provision
and the same is Rule 4 of Wetlands (Conservation and
Management), Rules, 2017 (said Rules) which is a
piece of subordinate legislation made by the Central
Government in exercise of its Rule making power under
Section 23 of Environment (Protection) Act, 1986;
(b) the above is purely a temporary measure which shall
now operate until further orders from this Court in the
main PIL or in any MC thereat;
(c) we requisition a report from the Chief Secretary,
Government of Manipur regarding the steps taken and
the activities done as per IMP in the next listing which
will be one quarter hence. Learned Amicus will have
access to the site at any point of time and it is open to
the Amicus to bring to the notice of this Court if there is
any requirement of further orders from this Court;
(d) the afore-referred report to be filed in the next listing by
the Chief Secretary shall be one that gives fortnightly
progress of implementation of IMP. The Chief
Secretary, Government of Manipur shall be the State
Coordinator for implementation of IMP and shall
therefore, be responsible for the ensuing activity
pursuant to this order;
(e) the afore-referred report to be filed in this Court one
quarter hence shall include details of utilization of the
budgetary allocation on a fortnightly basis and learned
Amicus Curiae shall be favoured with fortnightly interim-
reports which shall be compiled and filed in this Court in
the next listing of the main PIL and MCs thereat;
(f) the quarterly report shall also set out the steps taken for
recruitment and the stage of the same and every
endeavor shall be made to complete the recruitment at
the earliest i.e., as expeditiously as the official business
would permit, preferably, within 3(three) months.
[11] Captioned MC is disposed of in the aforesaid manner with
aforesaid observations/directives. There shall be no order as to costs.
JUDGE CHIEF JUSTICE
John Kom
FR/NFR
