Manipur High Court
Yuingam Kaphai; & 8 Ors vs Vrs on 10 April, 2026
Author: Ahanthem Bimol Singh
Bench: Ahanthem Bimol Singh
KABOR Digitally signed
AMBAM by
KABORAMBAM
SAPANA SAPANA CHANU
Date: 2026.04.10
Item Nos. 11 & 12
CHANU 12:40:50 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP (C) No. 273 of 2026 With
MC (WP (C)) No. 298 of 2026
Yuingam Kaphai; & 8 Ors.
...Petitioner/s
Vrs.
State of Manipur; & 9 Ors.
...Respondent/s
-B E F O R E-
HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH
10.04.2026
[1] Mr. M. Hemchandra, learned senior counsel assisted
by Mr. M. Rendy, learned counsel appeared for the petitioners,
Mr. H. Debendra, learned senior counsel and Deputy AG assisted
by Mr. A. Bheigya, learned counsel appeared on behalf of
respondents No. 1-8 and Mr. S. Kaminikumar, learned CGSC
appeared on behalf of respondents No. 9 & 10.
[2] The present writ petition has been filed assailing the
notice dated 27.03.2026 issued by the Deputy
Commissioner/CALA, Kamjong District by which a direction has
been issued to all the individuals who have erected
unauthorized/illegal structures along the stretch of package-1 to
voluntarily remove/dismantle the structures within 15 (fifteen)
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days of the issuance of the said notice. Failing which eviction and
demolition of the said structures will follow without any further
notice.
[3] Pursuant to the earlier direction given by this Court,
Mr. H. Debendra, learned senior counsel and Deputy AG fairly
submitted that he has received instruction from the authorities
that the award with regard to the acquisition proceeding of the
land in question under the NH Act, 1956 is yet to be issued by the
authority.
[4] It has been submitted by Mr. M. Hemchandra, learned
senior counsel appearing for the petitioners that since the
acquisition proceeding has not yet been completed by issuing the
award by the competent authority, the Act of the respondents in
issuing the said notice or eviction and demolition of the so-called
unauthorized/illegal structures is illegal. It has further been
submitted that in the said notice nothing has been mentioned
under which provision of law the said eviction notice has been
issued and as such of the Act of the authorities are arbitrary and
illegal.
The learned senior counsel further submitted that the
present writ petition can be disposed of by issuing a direction to
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the respondents not to evict the petitioners or to demolish their
structures in the said stretch of package-1 without following due
process of law.
[5] Mr. H. Debendra, learned senior counsel and Addl. AG
fairly submitted that the authorities will not evict the petitioners
or demolish their structures constructed on the said land without
following due process of law.
[6] Recording the submission made by the learned
counsel appearing for the parties, the present writ petition is
hereby disposed of by directing the respondents not to evict the
petitioners or demolish their structures constructed on the land in
question without following due process of law.
[7] The connected miscellaneous application also stands
closed.
JUDGE
Sapana
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