Jowel Thang Hmar vs Union Of India And Others

Kh. Nobin Singh, J

[1] Heard Shri Th. Khagemba, learned counsel appearing for the petitioner and Shri L. Anand, learned counsel appearing for the respondents.

[2] By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to hold an enquiry, as prayed in the representation dated 02.11.2017, as to whether the Railway Line so constructed i.e. Muktohal to Jairolpokpi Village has exceeded its area thereby affecting the Jhum lands and plantations of the petitioner.

[3] According to the petitioner, he is the Chief of the Jairolpokpi Village which he inherited from his father who was the Chief of the said Village since 1947. The land which was in his possession and was being utilized for earning his livelihood, was affected by the railway project, namely, the plantations- (a) 2,00,000 plants of jhuming bamboos plants; (b) 1500 plants of rubber; (c) 70,000 plants of pineapple; (d) 200 plants of cham wood and timber; (e) 300 plants of orange and (f) other land.

[4] Being aggrieved by his said land being affected by the railway project, the petitioner submitted a representation to the Addl. Deputy Commissioner, Jiribam on 23.03.2007 but nothing was heard about it thereafter and having no knowledge as to whom he should approach, the petitioner submitted a representation dated 12.02.2009 to the Deputy Commissioner/Collector, Land Acquisition, Tamenglong District, Manipur whereby he prayed for awarding compensation for the loss of jhum land cultivation.

[5] In the status report prepared as on 01.07.2010 for construction of railway line under the Northeast Frontier Railway, Jiribam-Imphal New Line Project, the condition of Uchathal-Leisabethal Road has been explained but nothing is mentioned about Jairolpokpi Village. It has also been shown therein that the length of the railway line and area involved is 0.00 to 10.50 km and the names of the villages mentioned therein are Kamranga, Hilghat, Gularthal, Phaitol, Tatbung and Langhnom. Even though the name of Jairolpokpi Village is not mentioned at all in the said status report for construction of railway line, the construction work which is taken, has affected the land and possession of the petitioner.

[6] The petitioner got a legal notice dated 02.11.2017 served upon the General Manager/Const., N.F. Railway, Maligoan, Guwahati, Assam and the Chief Engineer/Con.VII, N.F. Railway, Maligaon, Guwahati, Assam wherein the petitioner has prayed for holding an enquiry as to whether the railway line so constructed has exceeded its area and has affected the jhum lands of the petitioner and if yes, for awarding adequate compensation.

[7] It is the case of the petitioner that the construction of the said railway line shall be confined to the villages mentioned in the status report but since the construction has exceeded its area of operation, it has affected the land of the petitioner damaging his standing crops as mentioned above. Despite the said representation being submitted by the petitioner, no action was taken by anyone which prompted the petitioner to file a writ petition being WP(C) No. 222 of 2016. The issue has arisen out of the writ petition being WP(C) No. 737 of 2015 by which the petitioner had challenged the allotment order. Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner.

[8] Despite the notice being served upon the respondents, no counter has so far been filed on behalf of the respondents. But when this matter is taken up for consideration, today, Shri Th. Khagemba, learned counsel appearing for the petitioner submits that the instant writ petition can be disposed of by issuing an innocuous order and accordingly, the writ petition stands disposed of with the direction that the Deputy Commissioner/District Collector (LA), Jiribam, Government of Manipur shall conduct an enquiry as to whether the railway line constructed, ie, from village Muktohal to Jairolpokpi Village via Uchathol Village (5km), has exceeded its area and affected the jhums land and plantations of the petitioner. While conducting the enquiry, the petitioner and the representative of the railway shall be given prior information by the Deputy Commissioner. In the event of the land and plantations of the petitioner being found to be affected by the construction of railway line, the Deputy Commissioner shall determine the adequate compensation to be paid by the railway.

[9] The above exercise shall be completed within 3(three) months from the date of receipt of a copy of this order. The registry is directed to send a copy of this order to the Deputy Commissioner, Jiribam, at the earliest possible, for doing the needful.