KAIKHOSEI LHOUVUM AND 82 ORS v. STATE OF MANIPUR AND 3 ORS
WP(C)/151/2023 · 2025-02-17
A Guneshwar Sharma
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 700 (MAN) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 700 (MAN) · dailylaw.ai ]
Judgment text
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41-42 IN THE HIGH COURT OF MANIPUR AT IMPHAL
MC (WP(C)) No.295 of 2024 with WP(C) No.151 of 2023
Kaikhosei Lhouvum & 82 Ors … Applicants -Versus- State of Manipur & 2 Ors
… Respondents
BEFORE HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA 17.2.2025
Present Mr.P.Tomcha, learned counsel along with Ms.Ph.Sandhyarani, learned counsel for the petitioners, Mr.Niranjan, learned Government Advocate for respondent Nos.1 and 2 and Mr.Murrah Saif, learned counsel representing Mr.Kaminikumar, learned CGC for respondent Nos.3 and 4. The petitioners herein approached this Court for a direction to the respondents to consider the representations dated 29.12.2022 and 2.1.2023 submitted to the Deputy Commissioner, Land Acquisition, competent authority under the National Highway Act for acquisition of land in the Kangpokpi District with respect to expansion of National Highway and being aggrieved by the award passed by the Deputy Commissioner, Kangpokpi, for adequate compensation to the petitioners. Mr.S.Niranjan, learned Government Advocate draws the attention of this Court to the provisions of Section 3 A and G of the National Highway Act, 1956 where it is stated if a land owner is aggrieved with the amount of compensation, the matter has to be referred to the Arbitrator to be appointed by the Central Government. During course of hearing, Mr.P.Tomcha, learned counsel for the petitioners hands over a Notification dated 10.10.2024 issued by the Ministry of Road Transport, National Highway, appointing the Secretary (Fishery) Government of Manipur as Arbitrator in terms of Section 3 G of the Act for the revenue District of Imphal East, Thoubal and Ukhrul. The Notification is taken on record. Since, Arbitrator under the Act has already been appointed for the District concerned, i.e. Kangpokpi, the writ petition can be disposed of at this stage by directing the Deputy Commissioner/District Collector, Kangpokpi to refer the representation dated 29.12.2022 and 2.1.2023 submitted by the petitioners for enhancing the amount claimed to the Arbitrator. Mr.P.Tomcha, learned counsel for the petitioners submits that there was some discrepancy in the representations submitted by the petitioners and petitioners may be permitted to submit a comprehensive representation in addition to the earlier representations.
Recording the submissions made at the Bar, the writ petition is disposed of by directing the Deputy Commissioner, Kangpokpi to refer the representation dated 29.12.2022 and 2.1.2023 to the Arbitrator as per law and the petitioners are permitted to submit fresh representation to the Arbitrator and the same may be may be considered as per Rule. It is made clear that this Court does not express any opinion on the merit of the case. Misc case also stands disposed of in terms of this order. JUDGE Priyojit
RAJKUMAR PRIYOJIT SINGH Digitally signed by RAJKUMAR PRIYOJIT SINGH Date: 2025.02.20 10:39:18 +05'30'