Residents Of Samdur, East Sikkim vs Goc 17 Mountain Division And Ors
2022 Latest Caselaw 4 Sikkim

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



                                IA No. 03/2022
                                 Arising out of
                            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                           Mr. S.K. Chettri, Govt. Advocate.


Date: 17/02/2022

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

                                   ORDER

This is an application taken out by the respondent no. 1 in WP (PIL) No.

10 of 2019 (Residents of Samdur, East Sikkim Vs GOC 17 Mountain Division and

Ors.), essentially praying for extension of time for complying with the judgment

and order dated 9th December, 2021, passed by this Bench and also for some

modification of the said judgment and order.

Upon perusing the application and after taking into consideration the

observations contained in our judgment and order dated 9th December, 2021,

we are of the view that in the interest of justice, time for compliance in respect

of the said judgment and order dated 9th December, 2021, may be extended for

a further period of eight weeks from.

So far as the prayer for modification of the judgment and order dated 9th

December, 2021 is concerned, it is in the nature of a pre-emptive prayer and as

such, we do not find any cogent and/or justifiable reason to accede to such

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

prayer as made by the respondent no. 1 for modification of the judgment and

order dated 9th December, 2021.

The instant application stands disposed of accordingly.

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