Residents Of Samdur, East Sikkim vs Goc 17 Mountain Division And Ors
2021 Latest Caselaw 85 Sikkim

                                                                        COURT NO.1
                        HIGH COURT OF SIKKIM : GANGTOK
                               Record of Proceedings



                            WP (PIL) No. 10/2019

RESIDENTS OF SAMDUR, EAST SIKKIM                             PETITIONER (S)
                                     VERSUS
GOC 17 MOUNTAIN DIVISION & ORS.                              RESPONDENT (S)


For Petitioner          :     Mr. T.R. Barfungpa, Legal Aid Counsel.

For Respondent no.1     :     Ms. Sangita Pradhan, Asst. Solicitor General.

For Respondents no.     :     Dr. Doma T. Bhutia, Addl. Advocate General.
2&3                           Ms. Pema Bhutia, Asst. Govt. Advocate.


Date: 09/12/2021

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)

Having heard the learned advocate for the parties and upon perusing the

pleadings on record as well as the orders that have been passed from time to

time, it appears that the bone of contention in the instant matter can be

narrowed down to a stretch of 600 metres only in respect of the land in

question, which is used by the local residents of Samdur village situated in East

Sikkim, where there is a fencing made by the Army authorities.

The learned Assistant Solicitor General submits, on instruction, that so far

as 600 metres stretch is concerned - shown as Point 'E' to Point 'F' in Annexure

P-1 (Colly.), to the writ petition - the road is being maintained by the Army.

We are, however, of the view that notwithstanding maintenance of the

road by the Army, the fence can be shifted a little, let's say, about ten to fifteen

feet towards the north, above the road, so that the local residents of Samdur,

East Sikkim, can have free access between Point 'E' and Point 'F' as shown in

the map, being Annexure P-1 (supra). The shifting of the fence shall be carried

out and completed as expeditiously as possible, preferably within a period of

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

four weeks, but not later than six weeks from the date of communication of the

photostat certified copy of this order upon the concerned respondent authority,

being the respondent no.1.

So far as the use of the stretch of road from M.P. Golai to various villages

in Samdur area, as shown in Annexure P-1 (supra) is concerned, the right of use

by the residents - who have been using the said stretch for centuries - shall not

be disturbed in any manner by the Army authorities and the local villagers shall

have unobstructed and unhindered ingress and egress thereto.

The writ petition stands disposed of, accordingly.

                 (Meenakshi Madan Rai)                      (Biswanath Somadder)
                        Judge                                    Chief Justice
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