St. Peter School v. State of Manipur & Ors.

B E F O R E HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR 30-03-2022 O R D E R Heard Mr.Siam Phaipi, learned counsel for the petitioner. Also heard Mr.Ch.Ngongo, learned counsel appearing on behalf of respondent No.3/Planning & Development Authority Mr.Sukumar,learned GA appearing on behalf of respondent Nos.1 and

2. [2] By this writ petition, the petitioner is challenging the Notice dated 17.08.2021 issued by the Assistant Secretary, Planning & Development Authority Manipur addressed to the Principal-cum- Secretary, St Peter School, National Game Village, Langol, whereby 10 (ten) days’ time was given to clear the balance due of Rs.90,00,468/- failing which the Planning & Development Authority, (PDA) Manipur shall take over the land of the petitioner. [3] It the case of the petitioner that her husband/previous Principal of St. Peter School after noticing some vacant land in the area of National Game Village, made an application dated 14.11.2002 to the Chairman of the PDA for purchase of two lands in the National Game Village, one located at Zone-I and the other at Zone-IV. Thereafter, the Secretary, Planning & Development Authority WP (C) NO.570 OF 2021 – O R A L 1 by letter dated 14.1.2003 wrote to the Secretary-cum-Principal, St. Peter School informing that the request to purchase two plots of land measuring 0.44 acres and 0.7348 acres, which are earmarked as School Site in the lay out plan of the National Game Village, Meitei Langol, has been considered by the Authority for disposal in favour of your school with the following conditions. The cost of the land measuring 0.44 acre is “1. Rs.8,84,890/- (Rupees eight lakhs eighty four thousand eight hundred and ninety) only @Rs.46.10 per sq.ft which that of the land measuring 0.7348 acre is Rs.14,73,725/- (Rupees fourteen lakhs seventy-three thousand, seven hundred and twenty five). The total cost of both the land is Rs.23,58,614/- (Rupees twenty three lakhs fifty eight thousand six hundred and fourteen) only.

2. The initial amount to be paid is 10% of the total cost and the remaining 90% is to be paid in 9 (nine) equated instalments within a period of 4 ½ years along with an interest rate of 18% per annum. A schedule of payment shall be annexed to an Agreement to be signed between your school and PDA Handing over of the sites shall be made after execution of an agreement.

3. All payment shall be made by way of Bank Draft drawn in favour of the Secretary, Planning & Development Authority, Manipur drawn from any of the schedule bank payable at Imphal.

4. A Hire-Purchase Agreement shall be executed between your authority and PDA which shall contain the terms and conditions for purchase of the two pieces of land. The terms and conditions incorporated in the said agreement shall be the basis whereby both the parties will abide and perform. You are, therefore, requested to kindly intimate your acceptance on or before 30th January, 2003 failing which this Office shall consider that you have not accepted our initial terms and conditions.” [4] Thereafter, the Principal-cum-Secretary, St Peter School, made a 10% deposit of Rs.2,35,862/- (Rupees two lakhs thirty five thousand eight hundred and sixty two) only for the purchase of the two WP (C) NO.570 OF 2021 – O R A L 2 lands and for which a receipt was issued by the Planning & Development Authority on 14.01.2003. [5] It is submitted at the Bar that in the meantime, the husband of the petitioner/earlier Principal of the St Peter School died on

15.01.2018 and thereafter the petitioner had taken over as the Principal of the St Peter School. It is submitted that the present petitioner was under the impression that the full amount has been paid for acquiring the said two plots of land for the School. However, it was only after the Notice dated 7.8.2021 that the petitioner came to know that there was some outstanding due towards acquiring the said two plots of land. [6] It is further submitted that the Notice dated 17.08.2021 was received by the petitioner after 18 (eighteen) years of the possession of the land and the petitioner had assumed that all formalities of the terms and conditions between the PDA and School Authority were completed during the lifetime of her late husband, who was the erstwhile Principal of the St.Peter School. [7] The respondent No.3 has filed counter affidavit and it is stated that the authorities of St. Peter School and PDA had entered into an agreement which is on record and the said land was handed to the erstwhile Principal/late husband of the petitioner as per the Hire & Purchase Act, 1972. However, respondent No.3 has failed to annex the said Agreement in the counter affidavit. Mr. Ngongo, learned counsel for respondent No.3 in his usual fairness submits that as the land was handed over to the authorities of St. Peter School in terms of the Hire Purchase Act, 1972 the Notice dated 17.08.2021 is defective and, therefore, the authorities of the PDA may be permitted to proceed in accordance with law under the Hire Purchase Act, 1972. [8] After hearing learned counsel for the parties, particularly the submission made by Mr. Ch.Ngongo, learned counsel for respondent No.3, this Court is also of the considered opinion that the WP (C) NO.570 OF 2021 – O R A L 3 Notice dated 17.0-8.2021 is not sustainable in the eye of law, particularly when the land was handed over to the authorities of St. Peter School under the Hire Purchase Act, 1972. Accordingly, the Notice dated 17.08.2021 issued by the Assistant Secretary, Planning & Development Authority, Manipur is set aside and quashed. Liberty is however, given to the respondent No.3 to proceed in accordance with law against the petitioner, if so advised. Writ Petition is accordingly disposed of. Furnish a copy of this order to the learned counsel for all the parties through their respective e-mails/whatsapp. Priyojit CHONGNUN KIM GANGTE CHONGNUNKIM GANGTE 15:10:42 +05'30' JUDGE WP (C) NO.570 OF 2021 – O R A L 4