Manipur High Court
Kl John Anal And 23 Ors vs Vrs on 11 March, 2025
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
LAISHRA Digitally signed
by LAISHRAM
M DHAKESHORI
DEVI
DHAKESH Date:
ORI DEVI 2025.03.12
09:57:21 +05'30'
Item No. 9
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 322 of 2019
KL John Anal and 23 ors. ...Petitioner/s
Vrs.
State of Manipur & 5 ors. ...Respondent/s
-B E F O R E-
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
11.03.2025
Heard Mr. N. Ibotombi, learned senior counsel appearing
for the petitioners; Mr. Shyam Sharma, learned GA appearing for the
respondent Nos. 1 & 2; Mr. W. Darakishwor, learned senior panel
counsel appearing for respondent Nos. 3, 4 & 5 and Mr. Khalter
Khampa, learned counsel appearing for respondent Nos. 6(a) and 6(b).
[2] The present application has been filed with the prayer for
directing the Collector (LA), Chandel to pay to the petitioners the
compensation amount of Rs. 2,30,49,731.25p (Rupees two crores
thirty lakhs forty nine thousand seven hundred and thirty one and
twenty five paise) in terms of the judgment and order dated 19-10-
2016 passed by the Reference Court in O.S.(L.A) No. 1 of
2009/2/2013 couple with a prayer for directing payment of mandatory
WP(C) No. 322 of 2019 Page 1
interest under Section 34 of the Land Acquisition Act, 1894 with 12%
interest per annum in terms of Section 23(1-A) of the said Act.
[3] It has been submitted at the bar by the learned counsel
appearing for the parties that the said judgment and order dated 19-
10-2016 passed by the Reference Court in O.S.(L.A) No. 1 of
2009/2/2013 was challenged by the Union of India as well as by the
present petitioners by filing two separate writ appeals viz. LA Appeal
No. 1 of 2007 filed by the Union of India and LA Appeal No. 2 of 2017
filed by the present petitioners. The appeal filed by the Union of India
was dismissed by an order dated 23-08-2018, however, the appeal filed
by the present petitioners was partly allowed by and order dated 23-
08-2018 by directing the Acquisition Authorities to determine the rate
of interest in accordance with section 28 and relevant proviso to that
section of the Land Acquisition Act, 1894.
[4] It has further been submitted at the bar that consequent to
the said order passed in the Land Acquisition appeal, the authority of
the Land Acquisition has calculated the due amount payable as
compensation to the affected parties and the acquiring authority has
already deposited the amount in two phases and the same had been
WP(C) No. 322 of 2019 Page 2
distributed to the claimants. Mr. W. Daradishwor, learned senior panel
counsel submitted that the balance amount of Rs. 1,26,71,057/-
(Rupees one crore twenty six lakhs seventy one thousand and
fifty seven) has been deposited as the 3rd phase and the said amount
has been deposited to the Registrar General of this High Court and the
said amount is still lying in the custody of the Registrar General as on
today.
[5] Mr. N. Ibotombi, learned senior counsel appearing for the
petitioners submitted that the present writ petition may be disposed of
by directing the Registrar General of this High Court to deposit the
aforesaid amount to the Collector (Chandel), who is the acquiring
authority for disbursement of the said amount to the claimants who are
entitled to get such compensation strictly in accordance with law.
[6] Mr. W. Darakishwor, learned senior counsel appearing for
the respondents submitted that because of the pendency of this writ
petition, the authorities are unable to demarcate the affected land and
to go for mutation of the land and that early disposal of the present
petition in terms of the submission made by the learned senior counsel
WP(C) No. 322 of 2019 Page 3
is very much required so as to enable the authorities to take possession
of the acquired land.
[7] On the other hand, Mr. Khalter Khampa, learned counsel
representing the private respondent No. 6(a) and 6(b) submitted that
the said respondents may be given liberty to raise objection before the
Collector (Chandel) at the time of disbursement of the compensation
amount.
[8] Taking into consideration the submission advanced by the
learned counsel appearing for the parties and on perusal of the record,
this Court is of the considered view that it will be in the interest of
justice to issue the following directions :-
(i) The Registrar General of this High Court is hereby
directed to release the aforesaid amount of Rs.
1,26,71,057/- (Rupees one crore twenty six lakhs
seventy one thousand and fifty seven) along with
interest, if any, to the custody of the Collector (Chandel)
within a period of 1(one) month from today;
(ii) On receipt of the said amount, the Collector (Chandel) is
hereby directed to disburse the said amount to the
claimants/beneficiaries who are entitled to get the said
amount strictly in terms of the applicable law;
WP(C) No. 322 of 2019 Page 4
(iii) The Collector (Chandel) is further directed to assist the
acquiring authority to take possession of the acquired land
at the earliest.
(iv) Needless to mention here that the private respondents
or any other persons may raise any objection with regard to
the disbursement of the compensation amount before the
Collector (Chandel) strictly in terms of the applicable law.
[9] With the aforesaid directions, the present writ petition is disposed
of.
JUDGE
Dhakeshori
WP(C) No. 322 of 2019 Page 5