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Sl. No. 11-16
IN THE HIGH COURT OF MANIPUR AT IMPHAL
W.A. No. 25 of 2025
Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Appellant Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street New Delhi-110001, Government of India. 2. The Deputy Commissioner/District Collector, Kangpokpi District having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 4. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents With MC (W.A.) No. 56 of 2025 Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Applicant KABORAMBA M SANDEEP SINGH Digitally signed by KABORAMBAM SANDEEP SINGH Date: 2026.04.29 10:52:21 +05'30'
Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street New Delhi-110001, Government of India. 2. The Deputy Commissioner/District Collector, Kangpokpi District having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 4. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents With MC [W.P. (C)] No. 327 of 2025 Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Applicant Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street New Delhi-110001, Government of India. 2.
The Deputy Commissioner/District Collector, Kangpokpi District having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General
Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 4. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents With MC [W.P. (C)] No. 590 of 2025 Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Applicant Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street New Delhi-110001, Government of India. 2. The Deputy Commissioner/District Collector, Kangpokpi District/CALA having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The Deputy Commissioner/District Collector, Imphal West District having its office at DC Office Complex, Lamphelpat, P.O. & P.S. Lamphel Manipur – 795004. 4. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 5. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents
With WP (C) No. 348 of 2025 Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Petitioner Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1, Parliament Street New Delhi-110001, Government of India. 2.
The Deputy Commissioner/District Collector, Kangpokpi District having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 4. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents With W.P. (C) No. 630 of 2025 Shri Hem Sagar Uprety, aged about 58 years old, S/o Hari Prasad Uprety, a resident of Parsain, Senapati, P.O. Kalapahar & P.S. Kangpokpi, Kangpokpi District, Manipur -
795122. Petitioner Vs. 1. The Union of India represented by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, 1,
Parliament Street New Delhi-110001, Government of India. 2. The Deputy Commissioner/District Collector, Kangpokpi District having its office at DC Office Complex, Kangpokpi, P.O. & P.S. Thoubal Manipur - 795138. 3. The Deputy Commissioner/District Collector, Imphal West District having its office at DC Office Complex, Lamphelpat, P.O. & P.S. Lamphel Manipur – 795004. 4. The National Highway and Infrastructure Development Corporation NHIDCL, represented by its General Manager (T) having its office at NHIDCL, HQ, 3rd Floor PTI Building, 4 Parliament Street, New Delhi-110001. 5. The General Manager (P), Branch Office, Imphal, The National Highway and Infrastructure Development Corporation (NHIDCL), having its Office, at 2nd Floor, Transit Hostel Officer's Club, Lamphelpat, P.O. & P.S. Lamphel, Imphal West, Manipur-795004. Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For appellant in W.A. No. 25 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md. Abdul Baqee Khan, Advocates For respondents in W.A. No. 25 of 2018 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 3 & 4 Mr.
W. Niranjit, Deputy Government Advocate for respondent No. 2, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur For applicant in MC (W.A.) No. 56 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md. Abdul Baqee Khan, Advocates For respondents in MC (W.A.) No. 56 of 2025 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 3 & 4 Mr. W. Niranjit, Deputy Government Advocate for respondent No. 2, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur
For applicant in MC [W.P. (C)] No. 327 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md. Abdul Baqee Khan, Advocates For respondents in MC [W.P. (C)] No. 327 of 2025 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 3 & 4 Mr. W. Niranjit, Deputy Government Advocate for respondent No. 2, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur For applicant in MC [W.P. (C)] No. 590 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md. Abdul Baqee Khan, Advocates For respondents in MC [W.P. (C)] No. 590 of 2025 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 4 & 5 Mr. W. Niranjit, Deputy Government Advocate for respondent Nos. 2 & 3, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur For petitioner in W.P. (C) No. 348 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md. Abdul Baqee Khan, Advocates For respondents in W.P. (C) No. 348 of 2025 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 3 & 4 Mr. W. Niranjit, Deputy Government Advocate for respondent No. 2, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur For petitioner in W.P. (C) No. 630 of 2025 Mr. Syed Murtaza Ahmed along with Mr. Md.
Abdul Baqee Khan, Advocates For respondents in W.P. (C) No. 630 of 2025 Mr. W. Darakeshwar, Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 4 & 5 Mr. W. Niranjit, Deputy Government Advocate for respondent Nos. 2 & 3, led by Mr. Lenin Hijam, Senior Advocate and Advocate General for State of Manipur Date of Judgment & Order 28.04.2026
COMMON JUDGMENT AND ORDER (ORAL)
(M. Sundar, CJ)
[1]
This common order will now dispose of/govern the captioned cluster of matters. [2]
In the captioned cluster of matters, there is one ‘Writ Appeal’ (‘WA’ for the sake of brevity), two ‘Writ Petitions’ (‘WPs’ in plural and ‘WP’ in singular for the sake of convenience) and three ‘Miscellaneous Cases’ (‘MCs’ in plural and ‘MC’ in singular for the sake of convenience). [3]
In this order, presence of counsel before this Court is recorded referring to the ranks of the parties they represent, as in the WA. [4]
Mr. Syed Murtaza Ahmed and Mr. Md. Abdul Baqee Khan,
learned counsel on record for sole appellant, Mr. W. Darakeshwar, learned Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1, 3 & 4 and Mr. W. Niranjit, learned State counsel for respondent No. 2, led by Mr. Lenin Hijam, learned senior advocate and Advocate General for State of Manipur are before this Court. Mr. Mahesh Chaudhari, Deputy Commissioner, Kangpokpi District and Mr. Mayanglambam Rajkumar Singh, Deputy Commissioner, Imphal West District are present in Court assisting learned State counsel, Mr. W. Niranjit. [5]
When the captioned cluster of matters were last listed before this Division Bench on 31.03.2026, the following proceedings was made: ‘31.03.2026 [1]
In the hearing today, Mr. N. Jotendro, learned senior advocate instructed by Mr. Abdul Baqee Khan and Mr. Murtaza Ahmed, learned
counsel on record for writ appellant is before this Court. To be noted, writ appellant, Mr. Hem Sagar Uprety is present in Court along with his counsel on record. [2]
On the side of respondents, Mr. W. Darakishwor, learned Senior Panel Counsel for Central Government (Sr. PCCG) for respondent Nos. 1,3 & 4 and Mr. W. Niranjit, learned State counsel for respondent No.2 (The Deputy Commissioner/District Collector, Kangpokpi District, Manipur) are present in the physical Court. [3]
In sum and substance, the writ appellant contends that he has been given Jamabandi (this Court is informed that this is a patta under Manipur Land Revenue and Land Reforms Act, 1960). There are two jamabandis and the same pertain to two parcels of land which we are informed are contiguous, these ‘two parcels of land are comprised in 3(three) Dag numbers namely, ‘Dag No. 1269, 1270/1502 and 1278/1283’ all situate in 031 Kanglatombi Village, Sekmei Tehsil, Lamsang Sub- Division Imphal West District’ (‘said lands’ for the sake of convenience and clarity). According to photocopies of the jambandis placed before this Court and submissions of learned counsel for writ appellant made on instructions from writ appellant who is present in Court, the land extent vide first two Dag numbers namely, Dag No. 1269, 1270/1502 admeasures 0.05917 hectare (0.1462 acres). In this regard, there is a typographical error in the English
translation which reads as ‘0.01462’ acre, for which
learned counsel for appellant expresses regret. As regards the 3rd Dag number viz., 1278/1283, the extent of land is 0.01012 hectare (0.025 acre). It is contended that writ appellant has put up two separate super structures (residential houses in said lands in 1992 and his three daughters and one son are living there). [4]
The case of the appellant is that said lands are to be acquired for proposed alignment of four lane ‘National Highways Project connecting Kanglatombi and Kangpokpi’ (‘said Project’ for the sake of convenience and clarity). [5]
A photograph of the two residential houses (photograph taken with GPS Map Camera) has been placed before this Court by learned counsel for appellant and a scanned reproduction of the same is as follows:
[6]
As regards the respondents, learned State counsel submits that ‘National Highways Act, 1956 (48 of 1956)’ {‘said Act’ for the sake of convenience and clarity} comes into play but both learned State counsel are unable to decisively tell us about whether acquisition proceedings have been initiated and if yes, what is the stage of acquisition proceedings?. In this regard, it is deemed appropriate to record that a sheet of paper produced by the appellant {Annexure A/5 of WP(C) No.348 of 2025} talks about final award amount. This sheet of paper is a tabulation and according to writ appellant serial Nos. 218 and 219 thereat which refers to lands comprised in Survey No. 2163 is a reference to said lands. There is no Dag number in this sheet and therefore, we refrain from expressing any opinion on this submission at this juncture. [7]
In the light of narrative thus far, we deem it appropriate to direct learned State counsel to produce entire records pertaining to said lands including record pertaining to acquisition or any other proceedings, if any. In this regard, we also deem it appropriate to direct the Deputy Commissioner, Imphal West District, Manipur and Deputy Commissioner, Kangpokpi District, Manipur to be present in Court in the next listing, obviously, with the records and assist the learned State counsel. To be noted, while writ appellant has chosen to array Deputy Commissioner, Kangpokpi District, Manipur as respondent No.2, learned State counsel submits that the records are with Deputy Commissioner, Imphal West District, Manipur. Therefore, we deem it appropriate to direct both Deputy Commissioners to be present in Court.
This Court is constrained to requisition presence of officers as affidavit-
in-opposition of respondent No.2 is bereft of critical particulars and learned State Counsel unable to give requisite details regarding acquisition (if there is one). Let them remain present in Court (physical Court) in the next listing which will be on 28.04.2026. [8]
List on 28.04.2026.’
[6]
The afore-referred proceedings shall now be read as an integral part and parcel of instant order. This also means that some of the abbreviations, short forms and short references used in the afore-referred earlier proceedings shall continue to be used in the instant proceedings also. [7]
The captioned matters were mentioned stating that Deputy Commissioner, Kangpokpi District, has to travel back and his presence in his station today has become imperative owing to certain administrative exigencies. In this scenario, with the consent of all the afore-referred counsel, the captioned matters were taken up. [8]
Before proceeding further, this Court deems it appropriate, for the sake of completion of facts, to record some more aspects of the factual matrix which will be in addition to those captured in the earlier proceedings dated 31.03.2026. To be noted, parties will be referred either by name/designation or rank in the WA for the sake of convenience and clarity.
As regards said lands and acquisition for said project, writ appellant had sent three representations dated 14.04.2024, 03.02.2025 and
10.02.2025; that writ appellant filed W.P. (C) No. 348 of 2025 on 24.04.2025 inter alia with a prayer to not to make any developmental activities qua said project pending the three representations and until the three representations are disposed of as per order of a Hon’ble Single Judge of this Court being order dated 18.02.2025 made in W.P. (C) No. 128 of 2025 along with MC [W.P. (C)] No. 124 of 2025 thereat; that in this W.P. (C) No. 348 of 2025, writ appellant took out an MC in MC [W.P. (C)] No. 327 of 2025 with a prayer to maintain status quo qua said lands till disposal of the writ petition; that in this MC, a Hon’ble Single Judge made an order dated 28.04.2025 wherein and whereby the Single Bench did not accede to the interim prayer for status quo but made it clear that if said lands are affected by expansion qua said project and if the matters are ultimately decided in favour of writ appellant by the Deputy Commissioner Kangpokpi District, the writ appellant will be eligible for compensation as per statutory provisions; that writ appellant not satisfied with this 28.04.2025 interim order, has preferred the captioned intra court appeal, viz., W.A. No. 25 of 2025 and to be noted, W.A. No. 25 of 2025 has been filed in this Court on 12.05.2025; that thereafter, the three representations sent by writ appellant being representations dated 14.04.2025, 03.02.2025 and 10.02.2025 came to be disposed of by the Deputy Commissioner, Kangpokpi District in and vide an order dated 04.07.2025 bearing Reference No. DC (KPI) 10/1/2016; that in and vide order dated 04.07.2025, the Deputy Commissioner, Kangpokpi District, inter alia held
that certain extent of lands referred to in the representation by the writ appellant are lying outside the said project and as regards other extent i.e., lands cited as serial Nos.
218 and 219 in a published list, compensation amount has been deposited into the account concerned and writ appellant can claim the same by submitting required documents; that assailing the 04.07.2025 order/proceedings, writ appellant filed another writ petition being W.P. (C) No. 630 of 2025 on 18.08.2025; that in this W.P. (C) No. 630 of 2025, writ appellant besides challenging 04.07.2025
order/proceedings disposing of his representations, also sought for field verification and compensation; that this W.P. (C) No. 630 of 2025 is also one of the captioned cluster of matters having been tagged with other matters; to be noted, W.P. (C) No. 348 of 2025 is also part of the captioned cluster of matters, the same having been tagged with the captioned cluster; that it is in such scenario that the previous proceedings dated 31.03.2026 (extracted and reproduced supra) was made by this Division Bench. [9]
Reverting to the proceedings today, all the afore-referred counsel before this Court submitted in one voice in unison that post 31.03.2026 proceedings a joint site inspection/verification/joint survey was held on 20.04.2026 and a report with four Annexures, viz., Annexures A-D was drawn up. A scanned reproduction of the same as placed before
this Court and as agreed to (as a correct report) by all learned counsel before this Court is as follows:
[10] Thereafter, learned counsel for appellant, Mr. Syed Murtaza Ahmed and Mr. W. Darakeshwar, learned Sr. PCCG for respondent Nos. 1, 3 & 4, to be noted, respondent Nos. 3 & 4, for all practical purposes is ‘National Highways and Infrastructure Development Corporation Limited’ (‘NHIDCL’ for the sake of convenience) submitted that they are fully satisfied with the afore-referred joint inspection/joint survey, afore- referred report that has been drawn up and the findings thereat. In this regard, it is necessary to record that Mr. Syed Murtaza Ahmed, learned counsel for appellant, submits that he was present during the joint inspection on behalf of writ appellant with due mandate from writ
appellant and wife of writ appellant, Ms. Tika Devi Upreti was also present throughout the inspection. As regards NHIDCL, Mr. W. Darakeshwar, learned Sr.
PCCG, submits that officials/officers of NHIDCL namely, Mihal Raza and Gaurav Ranbaj were present throughout the joint inspection/joint survey and on instructions, he submits that the survey report is acceptable and the land found to be necessary (in so far as writ appellant is concerned) is, for the present, sufficient for said project. [11] As regards State counsel, Mr. W. Niranjit, who is led by Mr. Lenin Hijam, learned Advocate General for State of Manipur, submitted on instructions from the afore-referred two Deputy Commissioners and all others concerned that appropriate land acquisition proceedings will be initiated under said Act, i.e., National Highways Act, 1956 (48 of 1956) as regards the land i.e., identified land as required for said project in so far as writ appellant’s land is concerned, being land ad measuring 674.75 square feet which this Court is informed is equivalent to 0.0154 acres in CS Dag No. 1099 in 031 Kanglatombi Village, Sekmai Tehsil Lamshang Sub Division, Imphal West District. As regards stated position of the parties captured and set out supra, Mr. Syed Murtaza Ahmed, learned counsel on record for writ appellant, learned State counsel, Mr. W. Niranjit and Mr. W. Darakeshwar, learned Sr. PCCG for respondent Nos. 1, 3 & 4 (more particularly counsel for NHIDCL which is requisitioning body qua land
acquisition proceedings, made suitable endorsements in the case file and scanned reproduction of the endorsements are as follows:
[12] For the sake of specificity, we make a broad adumbration of points that have emerged by consensus: (i) Appellant represented by his counsel on record, Mr. Syed Murtaza Ahmed and Mr. Md.
Abdul Baqee Khan are fully satisfied with the joint inspection/joint survey and are wholly satisfied with the report drawn up and findings thereat pursuant to inspection on 20.04.2026
(to be noted, the report has been scanned and reproduced supra); (ii) NHIDCL submits that the afore-referred 674.75 square feet equivalent to 0.0154 acres in CS DAG No. 1099 in 031 Kanglatombi Village, Sekmai Tehsil Lamshang Sub Division, Imphal West District now identified as regards writ appellant will suffice in so far as writ appellant is concerned for said project; (iii) State counsel Mr. W. Niranjit led by Mr. Lenin Hijam, learned Advocate General for State of Manipur, submits that as regards afore-referred land identified now, the same is private land belonging to writ appellant and therefore land acquisition proceedings under National Highways Act, 1956 (48 of 1956) will be commenced by putting writ appellant on notice, following the statutory procedure and Rules thereunder strictly and give compensation to writ appellant in accordance with the statute and the Rules thereunder. [13]
As we have requisitioned the personal appearance of the Deputy Commissioners of Kangpokpi District and Imphal West District and as they are present today, they stand discharged from captioned proceedings. Page 32 of 32
[14]
In the light of the narrative thus far, the long-drawn proceedings in this Court vide captioned matters, namely, one WA, two WPs and three MCs are given a closure, the same are disposed of as closed on above terms. There shall be no order as to costs. JUDGE
CHIEF JUSTICE FR/NFR Sandeep
P.S. I : Upload forthwith P.S. II : All concerned will stand bound by web copy uploaded in High Court website inter alia as the same is QR coded.