Rinku Khumukcham v. State of Manipur and 3 Others

Order

O R D E R A.Guneshwar Sharma,J.

The present Public Interest Litigation, concerning the problems faced by the pedestrian and vehicular movement due to unregulated erection of flagpoles and signboards etc, has been filed by the petitioner, who is a renowned Editor of English Daily, Imphal Times, praying inter alia, the following reliefs:

"(i) to admit this writ petition and issue Rule Nisi:

(ii) to issue a writ in the nature of Mandamus or any other appropriate writ or order for directing the Respondents to remove all unauthorised display boards, hoardings, placards and banners with poles, flag with poles, which abuts the highways, public streets pedestrian pavements forthwith;

(iii) to issue a writ in the nature of Mandamus or any other appropriate writ or order for directing the Respondent No.1 to formulate a comprehensive set of guidelines thereby indicating the appropriate measures necessary to discourage and completely stop the practice of putting billboards, flagpoles etc. in the public places, which impedes pedestrian and vehicular movement;

(iv) to issue any other appropriate writ or order or direction which the Hon'ble Court deems fit and proper in the facts and circumstances of the case."

[2]

The petitioner also filed MC (PIL) No.6 of 2022 for impleading the six major Political Parties in the PIL. When the matter was taken up on

21.02.2023, Mr.Dimalkumar, learned Jr. to Mr.Lenin Hijam, learned A.G, Manipur, produced an order dated 19.12.2022 passed by the Deputy Secretary (Home), Government of Manipur, constituted State Level Monitoring Committee, comprising the Commissioner (Home/P), Government of Manipur as Chairman, all Deputy Commissioners of all Districts of Manipur, all Superintendents of Police of all Districts of Manipur and Deputy Secretary (Home), Government of Manipur as convenor. The

Committee was constituted in pursuant to the direction of this Court vide order dated 14.12.2022 passed in MC (PIL) No.6 of 2022; Ref PIL No.71 of 2021. The order dated 19.12.2022 is reproduced hereinbelow:

"

GOVERNMENT OF MANIPUR SECRETARIAT:HOME DEPARTMENT

ORDERS BY THE GOVERNOR OF MANIPUR Imphal, the 19th December, 2022

H-3608/4/2022-HD-HD: In pursuance of the directions of the Hon'ble High Court of Manipur vide its order dated

14.12.2022 as passed in MC (PIL) No.6 of 2022 (Rinku Khumukcham Vs State of Manipur & Ors) with PIL No.71 of 2021 and to ensure efficient and effective enforcement of the Government orders of even number dated 15.12.2022 regarding regulation, control and removal of illegal structures, advertising hoardings, signboards, banners etc in the public places including Government buildings and Structures, National Highways, Roads etd; the Governor of Manipur is pleased to constitute the State Level Monitoring Committee comprising of the following officers/Members with immediate effect in public interest:

¶1Commissioner (Home/P), Government of Manipur Chairman

¶2All Deputy Commissioners of all Districts of Manipur (IW/IE/TBL/BPR/JBM/KPI/SPT/TML/NNY/CDL/ TPL/CCPur/PZL/KJG/UKL/KCG Member

¶3All Superintendents of Police of all Districts of Manipur (IW/IE/TBL/BPR/JBM/KPI/SPT/TML/NNY/CDL/ TPL/CCPur/PZL/KJG/UKL/KCG Member Deputy Secretary (Home), Government of Manipur Convenor

¶2Terms of reference of the Committee are given below: i. The Committee will look into all issues of unauthorised hoardings, sign boards, banners, statues etc being put up by various organizations, individuals, associations etc over State/National Highways and other means of public access;

ii. The Committee shall meet once in every month or as frequently as required if need arises;

iii. The Committee shall submit report of its activities to Hon'ble Chief Minister, Manipur at quarterly basis or on requisition by the Chief Minister's Office; and

iv. the Committee shall supervise the actions taken by District team led by District Magistrate in this regard.

¶3The Committee may co-opt any other appropriate officer as deem fit for efficient functioning, as and when his/her service is required;

¶4These issues with the approval of Competent Authority.

Sd/- Dr.Mayengbam Veto Singh Deputy Secretary, (Home), Government of Manipur."

[3]

Mr.Dimalkumar, learned counsel submits that with the issuance of order dated 19.12.2022, the prayers in the PIL are substantially complied. Mr.M.Rakesh, learned counsel for the petitioner also agrees to this submission.

[4]

In view of issuance of the order dated 19.12.2022, we are of the view that the direction made in the PIL are substantially complied as the Committee has to look into the issues of unauthorized hoardings, sign boards, banners, statues etc being put up by various organizations,

individuals, associations etc over State/National Highways and other means of public access.

The Committee is also mandated to meet every month as frequently as required if need arises and the Committee shall also submit report of its activities to the Hon'ble Chief Minister, Manipur at quarterly basis or on requisition by Chief Minister's office. The Committee shall also supervise the actions taken by the District team led by the District Magistrates.

In view of the above, the PIL and the connected Misc Case, are, accordingly, closed and disposed of.

JUDGE

ACTING CHIEF JUSTICE FR/NFR Priyojit

RAJKUMA R PRIYOJIT SINGH by RAJKUMAR PRIYOJIT SINGH Date: 2023.04.21 10:06:06 +05'30'

IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL No.71 of 2021 Shri Rinku Khumukcham, aged about 48 years, s/o late K.Raghumani Singh, a resident of Keishamathong Elangbam Leikai, PO & PS Imphal, Imphal West District, Manipur, PIN 795001. … Petitioner -Versus- 1. The State of Manipur through the Chief Secretary, Government of Manipur, Manipur Secretariat, South Block, PO & PS Imphal, Imphal West District, Manipur 795001. 2. The Chief Engineer, Public Works Department Government of Manipur, Khoyathong, PO Imphal, PS City, Imphal West District, Manipur 795001. 3. The Imphal Municipal Corporation, through its Executive Officer, Imphal Municipal Corporation, PO Imphal, PS City, Imphal West District, Manipur 795001. 4. The Union of India through the Secretary, Ministry of Road Transport & Highways, Transport Bhawan, 1, Parliament Street, New Delhi 110001. … Respondents BEFORE HON'BLE THE ACTING CHIEF JUSTICE MR.MV MURALIDARAN HON'BLE MR. JUSTICE A.GUNESHWAR SHARMA For the Petitioner :: Mr.M.Rakesh, Advocate For the respondents :: Mr.Dimal Kumar, Advocate (Jr. to Mr.Lenin Hijam, A.G) Mr.Y.Nirmolchand, Sr.Advocate Mr.S.Samarjeet, Sr.PCCG, Mr.Ch.Robinchandra, Advocate Mr.Shyamcharan, Advocate, Mr.S.Jhalajit, Advocate and Mr.H.Prabirkumar. Date of hearing/ :: 21.02.2023