Yuingam Kaphai; & 8 Ors vs Vrs on 10 April, 2026

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

SPONSORED

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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