The Development for Hill and Anr vs Union of India and 3 Ors
- Court
- Manipur High Court
Supple. Item Nos. 1 & 2
IN THE HIGH COURT OF MANIPUR
2026:MNHC:263-DB
AT IMPHAL
PIL No. 21 of 2026
1. The Development for Hills, a society/regd. organization bearing
Regd. No. 100/UD/SR/1992, having its registered office at
Mayophung Village, Ukhrul District, Manipur 795145, through its
President namely Shri L. Diamond, aged about 70 years old, S/o
Lungshi, a resident of Lambui Village, Grihang, Ukhrul Litan, P.O.
& P.S. Litan, Ukhrul District, Manipur-795145.
2. Mapithel Arts and Culture bearing Regd. No. 06/KMJ/SR/2020,
having its registered Head office at Chadong Village, P.O. & P.S.
Litan, Kamjong District, Manipur-795145, through its President
namely Shri Mothel Saka, aged about 58 years old, S/o. Khongin
Saka, a resident of Thawai Village, Thawai (T), P.O. & P.S. Litan,
Kamjong District, Manipur-795145.
… Petitioners
-Versus-
1. The Union of India represented by the Secretary, Ministry of Tribal
Affairs, Government of India, Kartavya Bhawan-01, Kartavya Path,
Rajpath Area, Central Secretariat, New Delhi, 110001.
2. The State of Manipur represented by its Chief Secretary, Govt. of
Manipur, Secretariat Complex, Mantripukhri, P.O. Mantripukhri & P.S.
Heingang, Imphal East District, Manipur 795002.
3. The Additional Chief Secretary/Principal Secretary/Commissioner,
Tribal Affairs & Hills Department, Government of Manipur, Imphal,
Secretariat Complex, Mantripukhri, P.O. Mantripukhri & P.S.
Heingang, Imphal East District, Manipur - 795002.
4. The Director, Tribal Affairs & Hills, Government of Manipur, Imphal
having its office at Babupara, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001
. ...Respondents
Page 1 of 22
With
MC (PIL) No. 22 of 2026
1. The Development for Hills, a society/regd. organization bearing
Regd. No. 100/UD/SR/1992, having its registered office at
Mayophung Village, Ukhrul District, Manipur 795145, through its
President namely Shri L. Diamond, aged about 70 years old, S/o
Lungshi, a resident of Lambui Village, Grihang, Ukhrul Litan, P.O.
& P.S. Litan, Ukhrul District, Manipur-795145.
2. Mapithel Arts and Culture bearing Regd. No. 06/KMJ/SR/2020,
having its registered Head office at Chadong Village, P.O. & P.S.
Litan, Kamjong District, Manipur-795145, through its President
namely Shri Mothel Saka, aged about 58 years old, S/o. Khongin
Saka, a resident of Thawai Village, Thawai (T), P.O. & P.S. Litan,
Kamjong District, Manipur-795145.
… Applicants
-Versus-
1. The Union of India represented by the Secretary, Ministry of Tribal
Affairs, Government of India, Kartavya Bhawan-01, Kartavya Path,
Rajpath Area, Central Secretariat, New Delhi, 110001.
2. The State of Manipur represented by its Chief Secretary, Govt. of
Manipur, Secretariat Complex, Mantripukhri, P.O. Mantripukhri & P.S.
Heingang, Imphal East District, Manipur 795002.
3. The Additional Chief Secretary/Principal Secretary/Commissioner,
Tribal Affairs & Hills Department, Government of Manipur, Imphal,
Secretariat Complex, Mantripukhri, P.O. Mantripukhri & P.S.
Heingang, Imphal East District, Manipur - 795002.
4. The Director, Tribal Affairs & Hills, Government of Manipur, Imphal
having its office at Babupara, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001
. ...Respondents
BEFORE
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
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For petitioners Mr. N. Jotendro, Senior Advocate, instructed by
Mr. Syed Murtaza, Advocate
For the respondents.
Mr. S. Chittaranjan, learned Addl. AG along
with Mr. A. Priyokumar Sharma, learned State
counsel for R2 to R4 (respondent Nos.2 to 4)
and Mr. W. Darakeshwar, learned Sr. PCCG
(Senior Panel Counsel for Central
Government) for R1 (respondent No.1).
Date of Judgment & Order 06.11.2026
JUDGMENT AND ORDER
(ORAL)
(M. Sundar, CJ)
[1] Mr. N. Jotendro, learned senior advocate instructed by Mr. Syed
Murtaza Ahmed, learned counsel on record for PiL (Public Interest Litigation)
petitioners/MC (Miscellaneous Case) applicants is before this Court (physical
Court).
[2] Learned senior counsel submits that subject matter of
captioned PiL pertains to grant from Union of India to State of Manipur which
shall be charged qua consolidated fund of India as Grants-in-Aid vide Article
275(1) of the Constitution of India and it pertains to funds from financial year
2025-26 onwards. Learned senior counsel submits that Guidelines have been
put in place, there should be equitable distribution but the Guidelines have
been given a go by.
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[3] It is submitted that under such circumstances, the petitioners
came to this Court earlier by filing PiL No. 13 of 2026 and the same along
with the MC thereat was disposed of by this Court in and by an order dated
05.08.2026.
[4] Learned senior counsel draws our attention to afore-referred
05.08.2026 order in the earlier PiL being PiL No. 13 of 2026 and the same
reads as follows:
IN THE HIGH COURT OF MANIPUR
‘
AT IMPHAL
PIL No. 13 of 2026
1. The Development for Hills, a society/regd. Organization bearing Regd. No.
100/UD/SR/1992, having its registered office at Mayophung Village, Ukhrul
District, Manipur-795145, through its President namely Shri L. Diamond,
aged about 70 years old, S/o Lungshi, a resident of Lambui Village, Grihang,
Ukhrul Litan, P.O. & P.S. Litan, Ukhrul District, Manipur-795145.
2. Socio-Economic and Cultural Development Organisation (SEACDO)
bearing Regd. No. 5350 of 1984, having its registered Head Office at
Kanankhu Village, Chandel District, Manipur -795127, through its President
namely Shri Tongsin Beton, aged about 69 years old, s/o Ts Bethung Anal, a
resident of Kanankhu Village, Chandel Sub-Division,P.O & P.S. Chandel,
Chandel District, Manipur -795127.
3. Mapithel Arts and Culture being Regd. No. 06/KMJ/SR/2020, having its
registered Head Office at Chadong Village, P.O. & P.S. Litan, Kamjong
District, Manipur -795145, through its President namely Shri Mothel Saka,
aged about 58 years old, S/o Khongin Saka, a resident of Thawai Village,
Thawai(T), P.O & P.S. Litan, Kamjong District, Manipur -795145.
…Petitioner/s
Vrs.
1. The Union of India represented by the Secretary, Ministry of Tribal Affairs,
Government of India, Kartavya Bhawan-01, Kartavya Path, Rajpath Area,
Central Secretariat, New Delhi-110001.
2. The State of Manipur represented by its Chief Secretary, Government of
Manipur, Secretariat Complex, Mantripukhri, P.O. Mantripukhri &
P.S. Heingang, Imphal East District, Manipur-795002.
3. The Additional Chief Secretary/Principal Secretary/Commissioner, Tribal
Affairs & Hills Department, Government of Manipur, Imphal, Secretariat
Complex, Mantripukhri, P.O. Mantripukhri & P.S. Heingang, Imphal East
District, Manipur-795002.
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4. The Director, Tribal Affairs & Hills, Government of Manipur, Imphal having
its office at Babupara, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
…Respondent/s
MC(PIL) No. 15 of 2026
1. The Development for Hills, a society/regd. Organization bearing Regd. No.
100/UD/SR/1992, having its registered office at Mayophung Village, Ukhrul
District, Manipur-795145, through its President namely Shri L. Diamond,
aged about 70 years old, S/o Lungshi, a resident of Lambui Village, Grihang,
Ukhrul Litan, P.O. & P.S. Litan, Ukhrul District, Manipur-795145.
2. Socio-Economic and Cultural Development Organisation (SEACDO)
bearing Regd. No. 5350 of 1984, having its registered Head Office at
Kanankhu Village, Chandel District, Manipur -795127, through its
President namely Shri Tongsin Beton, aged about 69 years old, s/o Ts
Bethung Anal, a resident of Kanankhu Village, Chandel Sub-Division,P.O &
P.S. Chandel, Chandel District, Manipur -795127.
3. Mapithel Arts and Culture being Regd. No. 06/KMJ/SR/2020, having its
registered Head Office at Chadong Village, P.O. & P.S. Litan, Kamjong
District, Manipur -795145, through its President namely Shri Mothel Saka,
aged about 58 years old, S/o Khongin Saka, a resident of Thawai Village,
Thawai(T), P.O & P.S. Litan, Kamjong District, Manipur -795145.
…Applicant/s
Vrs.
1. The Union of India represented by the Secretary, Ministry of Tribal Affairs,
Government of India, Kartavya Bhawan-01, Kartavya Path, Rajpath Area,
Central Secretariat, New Delhi-110001.
2. The State of Manipur represented by its Chief Secretary, Government of
Manipur, Secretariat Complex, Mantripukhri, P.O. Mantripukhri &
P.S. Heingang, Imphal East District, Manipur-795002.
3. The Additional Chief Secretary/Principal Secretary/Commissioner, Tribal
Affairs & Hills Department, Government of Manipur, Imphal, Secretariat
Complex, Mantripukhri, P.O. Mantripukhri & P.S. Heingang, Imphal East
District, Manipur-795002.
4. The Director, Tribal Affairs & Hills, Government of Manipur, Imphal having
its office at Babupara, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
…Respondent/s
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. M. SUNDAR
HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
For the petitioner :: Mr. N. Jotendro, Senior Advocate instructed
by Md. Abdul Baqee Khan, Advocate
For the respondents :: Mr. S. Chittaranjan, Addl.AG along with
Mr. Y. Max, Advocate
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Date of Judgment & Order :: 05-08-2026
JUDGMENT & ORDER
(ORAL)
(Order of the Court was made by the Hon’ble Chief Justice)
[1] The following abbreviations/short forms have been used in this
order (for sake of brevity, convenience and clarity):
Sl.
No.
Abbreviation/Short
Form/other short
references
Full Form/Expansion
1. R-1 First Respondent
2. R-2 Second Respondent
3. R-3 Third Respondent
4. R-4 Fourth Respondent
5. PIL Public Interest Litigation
6. MC Miscellaneous Case
7. CGSC Central Government Standing Counsel
8. Addl.AG Additional Advocate General for the State of
Manipur (Mr. S. Chittaranjan)
9. RTI Right to Information
10. RTI Act. The Right to Information Act, 2005 (22 of 2005)
[2] Mr. N. Jotendro, learned senior advocate instructed by Md. Abdul Baqee
Khan, learned counsel on record for PIL petitioners who are also MC applicants is
before this Court (Physical Court).
[3] Subject matter of captioned PIL is grants from the Union to the State of
Manipur which shall be charged on Consolidated Fund of India as grants-in-aid vide
Article 275(1) of Constitution of India for the financial years 2025-2026 onwards.
[4] Case of the PIL petitioners is that the Ministry of Tribal Affairs, Government
of India has issued Revised Guidelines dated 30-12-2025 for allocation of funds and
implementation of programs/activities vide Article 275 of the Constitution of India
and the Proviso thereat. PIL petitioners, after taking the RTI route and getting
details inter alia pertaining to construction of ten multipurpose-cum-community
halls and the beneficiary selection list under livelihood scheme have come to this
Court complaining inter alia of lack of parity in allocation/implementation by State
Government.
[5] Five representations dated 02-05-2026; 26-05-2026; 03-06-2026; 03-06-
2026, received by Addl. Chief Secretary/Chief Secretary on the same dates itself and
one undated representation which was received by Addl. Chief Secretary on 26-05-
2026, (collectively referred to as ‘said representations’ for the sake of convenience
and clarity) have been sent on the afore-referred subject but there is no response
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and this has necessitated the filing of captioned PIL together with captioned MC
thereat is learned counsel’s say.
[6] Issue notice.
[7] Mr. S. Chittaranjan, learned Addl. A.G. for State of Manipur along with Mr.
Y. Max, learned State counsel who are present in this Court accept notice for R-2 to
R-4. Mr. S. Kaminikumar, leaned Central Government Standing Counsel (CGSC)
accepts notice for R-1.
[8] To be noted, at this juncture this Court deems it appropriate to write that it
is to be noted that as regards the captioned matter, R-1 is more in the nature of a
formal party being grantor qua grants vide Article 275(1).
[9] As regards R-2 to R-4, learned Addl. A.G. for the State of Manipur submits
that said representations shall be examined and R-3 (The Additional Chief
Secretary/Principal Secretary/Commissioner, Tribal Affairs & Hills Department,
Government of Manipur) will make proceedings/orders on the same.
[10] In the light of the afore-referred fair stand taken by the learned Addl. A.G.,
learned senior counsel for PIL petitioners, on instructions, descopes the prayers in
captioned PIL (for the present) and submits that the proceedings/ orders qua said
representations to be made by R-3 may please be directed to be made within a time
frame with a further direction to serve the same on the counsel on record for PIL
petitioners.
[11] In the light of the narrative thus far, with the consent of the learned senior
counsel and counsel on both sides, main PIL is taken up in the admission Board itself
dispensing with the need to file an affidavit-in-opposition and also give a closure to
the main PIL vide directions which shall be set out infra.
[12] Before doing so, this Court deems it appropriate to set out the scanned
reproduction of said representations (5 representations) and the same are as
follows:
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[13] In the light of narrative and trajectory the captioned matter has
taken in the admission Board, the following order is made:
i. R-3 shall take up said representations (5 representations -
scanned and reproduced supra in instant order), consider the
same on its own merits in accordance with law, particularly
in accordance with Article 275 and more particularly clause
(1) of Article 275 of the Constitution and dispose of the same
by making speaking proceedings/order;
ii. Afore-referred exercise of making speaking
proceedings/order disposing of said representations ( 5
representations ) shall be completed by R-3 as expeditiously
as the official business of R-3 would permit but in any event
within 6(six) weeks from today i.e. on or before 16-09-2026;
iii. The speaking proceedings/order made in the aforesaid
manner by R-3 shall be served under due acknowledgment on
Mr. Md. Abdul Baqee Khan, learned counsel on record for
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PIL petitioners and MC applicants within three working days
from the date on which the proceedings/order are made and
such service shall be construed as the service made on the PIL
petitioners. To be noted, learned counsel on record for the
PIL petitioners consents to this and submits that he has
necessary instructions from PIL petitioners in this regard;
iv. If the PIL petitioners/MC applicants or any other person
concerned for the matter is either not satisfied with or
aggrieved by speaking proceedings/order made in the
aforesaid manner, it is open to the PIL petitioners and or any
other person concerned for the matter to come to this Court
or approach any other Fora, for this purpose all rights and
contentions made by PIL petitioners in captioned PIL and
captioned MC are preserved and if such a scenario unfurls,
though obvious, it is made clear that such a petition will be
considered on its own merit and in accordance with law by
this Court or any other Forum/Fora which is approached;
v. This Court deems it appropriate to write (though obvious)
that the afore-referred speaking proceedings/order shall give
relevant data as necessary with clarity and specificity.
[14] Afore-referred main PIL is disposed of as closed in the aforesaid
manner albeit with afore-referred directions, observations and preservation of
rights and contentions. Consequently, afore-referred MC therein above is also
given a closure and the same is also disposed of as closed. There shall be no
order as to costs.’
[5] Pursuant to the aforesaid PiL order of this Court, R2 has made
proceedings dated 31.08.2026 bearing reference No. TA/63/2026-3-e.TA&H
but it does not address the core issues pertaining to Guidelines and the
district wise break-up, is learned senior counsel’s say.
[6] Issue notice.
[7] Learned Additional Advocate General (Addl. AG), Mr. S.
Chittaranjan along with Mr. A. Priyokumar Sharma, learned State counsel
accepts notice for R2 to R4 (respondent Nos.2 to 4) and Mr. W. Darakeshwar,
learned Sr. PCCG (Senior Panel Counsel for Central Government) accepts
notice for R1 (respondent No.1).
[8] Owing to the limited legal perimeter within which captioned PiL
will now perambulate, main PiL was taken up in the admission Board itself,
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respondents waiving their rights to file affidavits-in-opposition but preserving
their rights to make submissions on merits if another round of litigation
ensues. To be noted, the reason for the legal perimeter of captioned PiL
getting de-scoped is, learned senior counsel for PiL petitioners points out that
post afore-referred 31.08.2026 proceedings of R2, 3(three) representations
have been sent and it will suffice (for the present) if the 3(three)
representation {one representation dated 09.09.2026 and two
representations dated 14.10.2026} are disposed of by R2.
[9] Scanned reproduction of the 3(three) representations are as
follows:
(i) Representation dated 09.09.2026
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(ii) Representation dated 14.10.2026
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(iii) Representation dated 14.10.2026
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[10] Though afore-referred three representations are addressed to
Additional Chief Secretary, Tribal Affairs and Hills, Government of Manipur,
we direct ‘Chief Secretary, Government of Manipur’ {‘R2’ for the sake of
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convenience and clarity} to consider the afore-referred 3(three)
representations on its own merits, in accordance with law and dispose of the
same as expeditiously as the official business of R2 would permit but in any
event within 6(six) weeks from today i.e., on or before 18.12.2026.
[11] We direct R2 to dispose of the afore-referred 3(three)
representations by way of one common speaking order inter-alia adverting
to all details. On such disposal, the proceedings of disposal (speaking order)
shall be served on Mr. Syed Murtaza Ahmed, learned counsel on record for
PiL petitioners within 5(five) working days from the date of disposal. To be
noted, under normal circumstances, on disposal of a case, the Vakalatnama
also gets terminated but in instant matter, we make a mild departure in this
regard owing to the facts and circumstances of the case and also owing to
Mr. Syed Murtaza Ahmed making such a request on instructions from PiL
petitioners.
[12] If the PiL petitioners and/or anyone else concerned for the
matter is either not satisfied or aggrieved by the common speaking order qua
afore-referred 3(three) representations, it is open to them to come to this
Court assailing those proceedings. If such a scenario unfurls, all the points
raised in the captioned PiL as regards afore-referred 31.08.2026 proceedings,
are left open and rights and contentions of both sides in this regard are
preserved without being either impeded or impelled i.e., untrammeled by
instant order..
[13] Captioned PiL is disposed of in the aforesaid manner with the
observations, directions and preservation of rights as above. Consequently
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captioned MC thereat is also disposed of as closed. There shall be no order
as to costs.
JUDGE CHIEF JUSTICE
John Kom
P.S. I : Upload forthwith
P.S. II : All concerned will stand bound by web copy uploaded in High Court website
inter alia as the same is QR coded.
Digitally signed by
JOHN TELEN KOM
Date: 2026.11.06
15:32:57 +05'30'
JOHN
TELEN KOM
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