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Judgment
A. Guneshwar Sharma, J
[1] Heard Mr. D. Julius Riamei, learned counsel for the petitioners.
[2] The petitioner No. 1 is the Pastor of Motbung Baptist Church and the petitioner No. 2 is the Chief of Motbung Village. By the present petition, the petitioners challenged the eviction notice dated 29-11-2025 issued by the Sub-Divisional Officer, Saitu-Gamphazol for demolition of the portion of Motbung Baptist Church, Motbung Village Kangpokpi for which compensation has already been received by the petitioners. In terms of the award dated 13-01-2023 passed by the learned Deputy Commissioner/ CALA, Kangpokpi District, Manipur under Sections 3G & 3H of the National Highways Act, 1956, compensation was granted for the affected structures for development of National Highway No. 2 which is stretched from chainage Km 287 to Km 308.46. Annexure-1 of the award at Serial No. 49 indicates a total compensation of Rs. 2,09,99,262/- as compensation for the standing structure of the affected portion of the Baptist church. The petitioners submitted a representation undated to the Deputy Commissioner/CALA, Kangpokpi District, Manipur to spare the Church building from the expansion of NH-2. The petitioners have pointed out to a letter dated 22-12-2025 issued by the Deputy Commissioner, Kangpokpi to the SDO, Saitu Gamphazol and GM, PMU-Senapati, NHIDCL for joint demarcation of the standing structure on 05-01-2026. It is stated that the joint demarcation could not be done on that date. The petitioners are basically challenging the eviction notice on the ground that the whole structure of the church was not affected.
[3] Issue notice.
[4] Mr. Niranjan Sanasam, learned Government Advocate, accepts notice on behalf of respondent Nos. 1, 2 & 3 and Ms. Nancy Shinglah, learned counsel appearing on behalf of Mr. W. Darakeshwar, learned Sr. PCCG, accepts notice on behalf of respondent No. 4.
[5] The petitioners are directed to take steps to respondent No. 5 by speed post within one week and file an affidavit of proof of service.
[6] Mr. Niranjan Sanasam, learned Government Advocate for the State respondents, raised the question of maintainability that the writ petition is not maintainable once the petitioners have accepted the award dated 13-01-2023 without any demur and protest and regarding the status of the proposed demarcation on 05-01-2026, learned Government Advocate submits that he may be given some time to take instructions. Mr. Niranjan Sanasam, learned Government Advocate, fairly submits that the church activity done in the unaffected portion can continue.
[7] The prayer for interim relief will be considered on the next date.
[8] List these cases on 30-01-2026 for consideration of interim order.
[9] The pendency of the present writ petition does not bar the State authority and the petitioners from making effort to make a joint survey.
[10] Furnish a copy of this order to the learned counsel appearing for the parties.