Mr. Bhusan Nepal vs Mr. Sudesh Joshi
2021 Latest Caselaw 78 Sikkim

                                                                        COURT NO.1
                              HIGH COURT OF SIKKIM
                                Record of Proceedings



                             WP (PIL) No. 09/2016

IN RE- PIPON AND GAMBOS OF LACHEN DZOMSA

For Petitioner          :      Mr. Bhusan Nepal, Amicus Curiae.

For Respondent No.1     :      Mr. Sudesh Joshi, Addl. Advocate General.
                               Mr. Thinlay Dorjee Bhutia, Govt. Advocate.
                               Mr. Yadev Sharma, Govt. Advocate.

For Respondents No.      :     Ms. Alishiba Rai, Advocate on behalf of Ms. Sangita
2, 3 and 4                     Pradhan, Asst. Solicitor General of India.


Date: 02/12/2021

CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT: (per the Hon'ble, the Chief Justice)

This Public Interest Litigation was instituted sometime in the year 2016,

on the basis of a letter which was addressed by one Pipon, Lachen Dzomsa,

North Sikkim to the "Hon'ble Judge, Supreme Court of India, Camp at Lachen,

North Sikkim", seeking a direction upon the Ministry of Defence, Government of

India, to make payment of compensation for occupation of their land,

expeditiously. This letter was treated as a "Public Interest Litigation", in terms of

an order dated 17th October, 2016, passed by a Division Bench of this Court

headed by the then Chief Justice. Thereafter, the matter was heard from time to

time and several orders had been passed.

After hearing the submissions made by the learned advocates for the

parties today, it appears that in the meanwhile steps have been taken by the

acquiring authority, namely, the District Collector, North Sikkim, for acquisition

of the land in question in accordance with law. Since acquisition proceedings

have already been initiated in accordance with law, no further directions are

required to be passed in the instant Public Interest Litigation which stands

disposed of with a direction to the appropriate authority of the Central

COURT NO.1 HIGH COURT OF SIKKIM Record of Proceedings

Government to ensure that, in the meanwhile, hiring charges are paid regularly

to those individual landowners in terms of the undertaking in the form of an

affidavit given to the Court, earlier.

                  (Meenakshi Madan Rai)                        (Biswanath Somadder)
                         Judge                                      Chief Justice
jk/ds/avi