Okram Damu Singh and Others vs Dist. Collector, Land Acquisition and Others

N.G. Das, J.—The Petitioners have filed this application under Article 226 of the Constitution of India for quashing the Notification dated 25th of April, 1975 contained in Annexure-A/3 and the Notification dated 23rd of January, 1978 contained in Annexure-A/4 whereby the Government of Manipur acquired land measuring 336.92 acres for a public purpose viz. for construction of Jawaharlal Nehru University Centre at Canchipur.

The case of the Petitioners is that by the aforesaid Notifications the Government of Manipur acquired land measuring 336.92 acres including the lands belonging to the Petitioners covered by C.S. Plot Nos. 490, 491, 492 and 493 situate in Village No. 67 under Old Patta No. 43 and New Patta No. 81 and also C.S. Plot No. 494 situate in village No. 67 under Old Patta No. 81 and New Patta No. 41. It is stated that the Petitioners are the owners of the aforesaid plots and those are being used by them for residential purpose for more than 50 years and those plots were also recorded in the names of the Petitioners in the Jamabandi Patta.

The further case of the Petitioners is that these lands were acquired for the purpose of establishing Jawaharlal Nehru University Centre under the provisions of the Jawaharlal Nehru University Act, 1956. But after constitution of the Manipur University Act, 1980, the Jawaharlal Nehru University Centre ceased to function and as such Manipur University has not acquired any right to get the aforesaid lands as the purpose for which the lands were acquired ceased to exist after constitution of the Manipur University Act, 1980. It has also been stated that although by Notification dated 30th of October, 1982 contained in Annexure-A/7 it was stated that the Collector, Land Acquisition (Central), Manipur took over possession of the lands, in fact the Petitioners are still in possession of the lands and they never received any compensation for acquisition of the aforesaid lands. Therefore, the resolution of the syndicate of the Manipur University to hand over the lands of C.S. Plot Nos. 491, 492 and 493 to the Superintendent of Police, Imphal for the purpose of construction of Police Outpost at Canchipur is illegal.

In the counter affidavit filed by the Respondent No. 3 namely, Registrar, Manipur University, Canchipur it has been contended that such a petition is not at all maintainable as the Petitioners were never owners and possessors of the aforesaid lands at the time of acquisition. It is stated that at the time of acquisition of the aforesaid lands one Okram Leirenjao Singh, the father of Petitioner Nos. 1-5 and Okram Chammu Singh, Petitioner No. 6(father of Petitioner Nos. 15 and 16) were the owners and they also received compensation money. But subsequently, the Petitioners in collusion with some revenue officials got their names entered in the patta by suppressing the material facts. Moreover, if the Petitioners had any right, title and interest over the lands in question, they could, at ease, raise objection as per provisions of the Land Acquisition Act, 1894. But they never raised any such objection and now after lapse of about 20 years they have put forward a claim over the lands under false pretext and false record of rights. It has been further averred that the possession of the lands was taken over by Manipur University as far back as on 21.1.1983 after merger of Jawaharlal Nehru University Centre of Post Graduate Studies on 1.4.81 with Manipur University vide Resolution No. 8 of the second meeting of the syndicate of the Manipur University held on 19.12.1980. It has been further contended that for the purpose of making play ground and also to protect the lands from cattle trespass the lands were enclosed by barbed wire fencing but that does not mean mat the lands involved in the writ petition were excluded from being the lands of the University. If the Petitioners have entered into some parts of those lands then they are nothing but trespassers and they will be dealt with according to law. It is also averred that the Petitioners have not come with clean hand as they suppressed so many material facts and hence the petition is liable to be dismissed simply on the ground of suppression of material facts.

I have heard Mr. L. Nandakumar Singh, the learned senior counsel appearing on behalf of the Petitioners and Mr. N. Kerani Singh, the learned senior standing counsel appearing on behalf of the Respondents.

Mr. L. Nandakumar Singh has quite strenuously argued that Manipur University has no right to get the acquired lands as the lands were acquired for the purpose of construction of Jawaharlal Nehru University Centre which ceased to exist after enactment of Manipur University Act, 1980. It has been quite emphatically submitted by Mr. L. Nandakumar Singh that since the purpose has been changed the impugned Notifications whereby the lands were acquired cannot have any legal force and as such the Manipur University has no right to get possession of the aforesaid lands. But Mr. N. Kerani Singh, the learned senior standing counsel appearing on behalf of the Respondent No. 3 has contended that this writ petition is not only liable to be dismissed for inordinate delay but it is also liable to be dismissed for suppression of material facts. Mr. N. Kerani Singh has referred to Annexure-A/6 which was filed by the Petitioners to show that the payment was made to the land owners after the amount of Rs. 15,36,386.64 paise was deposited by the authorities of Manipur University. This document shows mat the aforesaid amount was received by the Branch Officer of the Land Acquisition Section of District Magistrate & Collector, Government of Manipur. Moreover Annexure-D/2 Gazette Notification shows mat the lands appertaining to C.S. Plot Nos. 490, 491,492 and 493 were recorded in the name of Okram Leirenjao Singh who is admittedly the father of Petitioner Nos. 1-5 and lands appertaining to C.S. Plot No. 494 stood in the name of Okram Chammu Singh.

Mr. L. Nandakumar Singh has, however, argued that as per the Notification contained in Annexure-A/3 the lands in question were acquired for the purpose of construction of Jawaharlal Nehru University Centre at Canchipur and since it ceased to exist, the purpose has been changed. So, the Government was to start fresh acquisition proceeding but that having not been done the Notification contained in Annexure-A/3 and A/4 have no legal footing and hence those are liable to be quashed. But the Manipur University Act, 1980 shows that to bring about better co-ordination between undergraduate education and post graduate education including the programmes of studies at the Jawaharlal Nehru University Centre of post Graduate Studies, Imphal the legislature enacted the Manipur University Act, 1980. Sub-section (3) of Section 3 of the Manipur University Act, 1980 shows that the University shall have perpetual succession and a common seal and may sue and be sued in such name. Therefore, it is clear that Jawaharlal Nehru University Centre merged with Manipur University.

It would be apparent from the facts stated above that the Petitioners have not stated the relevant facts correctly and candidly. Moreover, they have not assigned sufficient ground for such inordinate delay in presenting the application. No ground has been assigned as to why they did not raise objection as per the provisions of the Land Acquisition Act. It cannot be denied that adequate alternative remedy is available under the Land Acquisition Act, 1894. That apart I am of the view that when relevant facts are not correctly and candidly stated that can itself be sufficient to entail an outright dismissal of the writ petition. It is an admitted fact that Okram Leirenjao Singh is the father of Petitioner Nos. 1-5 and the lands were originally recorded in his name.

For all these reasons I find no merit in this writ petition which is accordingly dismissed with costs.