Salam Ningthemjao Singh and Ors. v. State of Manipurthrough Chief Secretary, Manipur, Imphal. and Ors.
2005-03-07
T.NANDA KUMAR SINGH
body2005
DigiLaw.ai
Heard Mr. H. Debendra, learned counsel appearing on behalf of the petitioners and Mr. learned Addl. Government Advocate appearing on behalf of the respondents. 2. Learned counsel for the petitioners submits that the petitioners are the pattadars of the homestead land under patta No. 48/465 corresponding to new Patta No. 708/1093 covered by C.S.Dag No. 3201/3319 measuring an area of .0404 hectares of Village No. 48 Singjamei in respect of the petitioner No. 1, Patta No. 48/462 corresponding to new patta No. 717/1091 covered by C.S.Dag No. 3204/3317 measuring an area of .0364 hectares of Village No. 48-Singjamei in respect of the petitioner Nos-2 and 3 and in respect of petitioner No. 4 under patta No. 48/462 corresponding to new patta No. 717/1092 covered by C.S.Dag No. 3204/3318 measuring an area of .0364 hectares of village No. 48-Singjamei. The petitioners have been in possession of the said homestead land as owners by constructing pucca and semi-pucca structures thereat for the last many years. True copies of the pattas are at (Annexures-A/1, A/2 and A/3 to the writ petition). The petitioners came to know from the News published in the Local Daily, namely, “THOUDANG” DATED 29.1.2005, a copy of the English rendering is at Annexure-A/4 to the writ petition, that eviction has been started at the locations of Singjamei, Airport Road, Checkon etc. and it has created a strong apprehension to the petitioners that their pattalands might also be forcefully taken by the respondents for the purpose of expanding the “Liwa Road” without following due process of law. The learned counsel for the petitioners also submits that the petitioners have been informed by the Revenue Staff that they would be evicted from their patta lands for expansion of the “Liwa Road.” 3. This court is flooded with the writ petitions which are similar with the present writ petition. In a welfare State like ours the executive authorities of the State Government have to act within the four corners of law. When the legislature confers powers in the State Government to be exercised in certain circumstances or eventualities, it would be right to presume that the legislature intends that the said power be exercised in the manner envisaged by the statute. If the statute confers drastic power, such power must be exercised in a proper and fair manner.
When the legislature confers powers in the State Government to be exercised in certain circumstances or eventualities, it would be right to presume that the legislature intends that the said power be exercised in the manner envisaged by the statute. If the statute confers drastic power, such power must be exercised in a proper and fair manner. Learned counsel for the petitioners clearly submits that the State Government having the officers fully conversant with the procedure for evicting pattadars from the patta lands should follow the rule of law and procedure required for evicting the land owner from the patta land while taking up any step for eviction. It is good if the State Government takes up step for evicting pattadars from the patta lands for public purposes. But the State Government is cautioned that they should follow the procedure prescribed/due process of law while evicting the owners/pattadars from the patta lands for public purposes. 4. In such situation, I direct the State respondents not to evict the petitioners from their patta lands and not to dismantle the construction erected inside their patta lands without following due process of law. It is made clear that the respondents should demarcate the areas which are required to be evicted by giving notice to the petitioners by the Revenue officials, and eviction process shall be taken up according to due process of law. 5. With the above observation and direction, this writ petition is deposed of.