nThe Supreme Court on Monday directed the Manipur Government to submit a detailed sealed cover report on the number of properties that were fully or partially burnt, looted, or encroached upon during the ongoing ethnic violence in the State. The bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar emphasised the need for the State to address the grievances of the displaced persons and take steps to restore their properties.
The Bench asked the Manipur government, represented by Solicitor General Tushar Mehta, to provide specific details such as “buildings burnt or partially burnt, buildings looted, buildings trespassed or encroached upon”. The report should also provide information about the owners and current occupants of these properties, along with the details of any legal actions taken against trespassers, the CJI said. "We also direct the State Government to provide the following details: 1. Buildings burnt and partially burnt, 2. Buildings which are looted; and (3) the buildings trespassed and encroached upon," the SC order stated. The bench further directed, “In all these, give details of the name and address of the owner as well as the person, if any, in occupation of the property. The report shall also indicate the steps taken by the state government to ensure that the persons who have trespassed are proceeded against as per the law. The said list be given in a sealed cover."
"You have to take a decision on how you want to deal with it or in terms of criminal action as well as to ask them (encroachers of the properties) to pay ‘mesne profits' for the use of the occupation…,” noted the apex court. Mesne profit is the compensation paid to a rightful owner of a property by a person who is in unlawful possession of it. The top court further asked the state government to respond to the issue of release of funds for temporary and permanent housing as flagged by the three judges panel headed by Justice Gita Mittal, the former chief justice of the Jammu and Kashmir High Court. Senior advocate Vibha Makhija, appearing for the judges panel, said it took several steps with the support of some officials on the rehabilitation, skill-building, and resettlement of the displaced individuals.
Makhija said the committee filed over 34 reports addressing the crisis beginning 2023 and lauded its pro bono efforts. The bench directed for the committee's reports to be shared with the Union Home Ministry and the Manipur Government to facilitate further remedial actions.