Manipur High Court
Miss Dimchuilungliu Panmei & 46 Ors vs State Of Manipur & 3 Ors on 5 August, 2022
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
Digitally signed by LAISHRAM
LAISHRAM DHAKESHORI DEVI
DHAKESHORI DEVI Date: 2022.08.05 16:18:51
+05'30'
Item No. 10
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 619 of 2022
Miss Dimchuilungliu Panmei & 46 ors. ...Petitioner/s
Vs.
State of Manipur & 3 ors. ...Respondent/s
B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 05-08-2022 Heard Mr. HS Paonam, learned senior counsel assisted by Ms. Harichhaya, learned counsel appearing for the petitioners.
Issue notice returnable by 22-08-2022.
Mr. H. Debendra, learned GA accepts notice on behalf of all the respondents and hence, no formal notice is called for.
The case of the petitioners is that the lands of the petitioners are recorded as homestead land in the relevant Jamabandi and that their lands are not recorded as agricultural land, however, the authorities issued the impugned notices dated 14-06-2022 and 20-06- 2022 directing the pattadars including the present petitioners to show cause in writing along with relevant documents viz. Jamabandi, classification and land details, Exemption order (if any), Conversion order, or any other relevant documents pertaining to the class of land in respect of their respective patta/jamabandi on or before 4:00 pm of 27 th June, 2022 (Monday) failing which their pattas/jamabandis shall be reverted back to the original land class and necessary penal provisions for illegal diversion shall follow without further notice.
Page 1 Item No. 10 It has been submitted on behalf of the petitioners that in respect of the said notice, show cause reply has been submitted to the concerned authorities, however, no final decision has been taken by the authorities till date. It is also submitted by the petitioners that Section 3 of the Manipur Conservation of Paddy Land and Wetland Act
- 2014, which prohibits diversion and construction on agricultural land, came into force in the State of Manipur in the year 2014 and that the petitioners have construction their dwelling houses and other buildings on their land prior to the enforcement of the said Act. It has been submitted that without making any enquiry by the authorities as to whether the buildings or other constructions made by the petitioners in their land were constructed prior to the enforcement of the said Act, the authorities issued the impugned notice in purported exercise of the power under Section 11 of the said Act, which is arbitrary and unreasonable.
In view of the above, a prayer has been made on behalf of the petitioners for passing an interim order for protecting the rights and interest of the petitioners during the pendency of this writ petition.
Mr. H. Debendra, learned GA submitted that even though in the documents furnished by the petitioners, their lands have been classified as homestead land, such land of the petitioners are recorded as agricultural land in the records maintained by the Government.
Page 2 Item No. 10 In view of the above, the authorities have issued the impugned notice in terms of the relevant provisions of the Manipur Conservations of Paddy Land and Wetland Act - 2014. The learned GA further submitted that the authorities may be allowed to proceed with the enquiry and no interim order be passed restraining the authorities from proceeding with the enquiry.
After hearing the submissions of the learned counsel for the parties, this Court is of the considered view that the authorities should be allowed to proceed with the enquiry, however, no coercive action should be taken up against the petitioners pursuant to the impugned notice till the next date. Liberty is given to the authorities to approach this Court for modification or vacation of this interim order, if so advised.
As prayed for, list this case again on 22-08-2022.
JUDGE Dhakeshori Page 3