THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Extra Ordinary Jurisdiction)
-------------------------------------------------------------------------------
SINGLE BENCH: THE HON'BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE
-----------------------------------------------------------------------------------------------------------------
W.P. (C) No. 47 of 2022
Mrs. Srijana Gurung,
W/o Mr. Praveen Pradhan,
R/o Pakyong,
Sikkim.
...... Petitioner
Versus
1. Union of India,
Through the Secretary,
Ministry of Road Transport and Highways,
Government of India
1, Sansad Marg,
New Delhi - 110 001.
2. The Government of Sikkim,
Through the Secretary,
Land Revenue Department,
Gangtok - 737101, Sikkim.
3. The District Collectorate,
District Administrative Centre,
Gangtok - 737101, Sikkim.
4. The District Collectorate,
District Administrative Centre,
Pakyong - 737106, Sikkim.
5. The Sub Divisional Magistrate,
Pakyong - 737106, Sikkim.
6. The General Manager,
National Highway and Infrastructure Development
Corporation Ltd.,
PMU Office, Ranipool,
Ranipool - 737102, Sikkim.
...... Respondents
Application under Article 226 of the Constitution of India.
-------------------------------------------------------------------------------
Appearance:
Mr. Jorgay Namka, Senior Advocate (Legal Aid Counsel)
with Ms. Phu Doma Bhutia, Advocate (Legal Aid Counsel)
for the Petitioner.
2
W.P. (C) No. 47 of 2022
Mrs. Srijana Gurung vs. Union of India & Ors.
Ms. Sangita Pradhan, Deputy Solicitor General of India
assisted by Ms. Natasha Pradhan and Ms. Purnima
Subba, Advocates for Respondent no. 1.
Dr. Doma T. Bhutia, Additional Advocate General for
Respondent nos. 2 to 5.
Mr. Debal Kumar Banerji, Senior Advocate with Ms. Gita
Bista and Ms. Pratikcha Gurung, Advocates and Ms.
Sangita Pradhan, Deputy Solicitor General of India
assisted by Ms. Natasha Pradhan and Ms. Purnima
Subba, Advocates for Respondent no.6.
-------------------------------------------------------------------------
Date of hearing : 17.05.2023
Date of judgment : 29.05.2023
JUDGMENT
Bhaskar Raj Pradhan, J.
1. The Writ Petitioner claims to be the owner,
jointly with her husband, of an RCC building built on land
bearing plot No.290/2244, measuring 0.0140 hectares
(1507 square feet) at Pachey Samsing Block, Pakyong
Elakha, Sikkim vide registered Sale Deed document dated
13.02.2007 and Parcha Khatiyan No.690, dated
03.11.2009. According to the Petitioner, they were shocked
to have received Final Notice, dated 08.09.2022 issued by
Respondent No.5 stating that her property has been
acquired by Respondent No.6, for construction/
upgradation of existing lane to two lane road with paved
shoulder NH-717A including geometrical improvement from
Ranipool-Pakyong kilometre 0.000 to kilometre 16.167 in
the State of Sikkim directing her to vacate and hand over
the possession of their property within ten days of receipt 3 W.P. (C) No. 47 of 2022 Mrs. Srijana Gurung vs. Union of India & Ors.
of the said Notice. The Petitioner claims that, on enquiry,
she learned that although various Notifications under the
National Highways Act, 1956 had been issued declaring its
intention to acquire land for building (widening/two laning,
etc.) including the bypasses, maintenance, management
and operation of Ranipool-Pakyong Road i.e. portion of
National Highway No.717A on the stretch of land for
kilometre 0.000 to kilometre 20.000 (Ranipool to Pakyong
stretch) and thereafter declaring those lands to have vested
with the Central Government, her property had not been
notified. It is in these circumstances, that the Petitioner
has approached this Court by filing the present Writ
Petition seeking direction upon the Respondents to acquire
the land as well as RCC dwelling house of the Petitioner by
following due process of law at the prevalent market rate
before taking its physical possession. The Respondents
contests the Writ Petition on various grounds including
that the Petitioner has encroached the road reserve.
2. The Petitioner, jointly with her husband, is the
owner of land bearing plot No.290/2244, measuring 0.0140
hectares (1507 square feet) at Pachey Samsing Block,
Pakyong Elakha, Sikkim. This fact is clearly recorded in
Parcha Khatiyan No.690, dated 03.11.2009. 4
W.P. (C) No. 47 of 2022 Mrs. Srijana Gurung vs. Union of India & Ors.
3. During the course of the final hearing, the
Learned Additional Advocate General for the Respondents
No.2 to 5 and the Learned Senior Advocate appearing for
Respondent No.6 submit that they have no issue if the
Petitioner restricts her claim to the Parcha Khatiyan and
that they are willing to ensure that they do not carry out
any of their activities in the areas specified in the Parcha
Khatiyan to be the landed property of the Petitioner.
4. The Learned Senior Advocate for the Petitioner,
on instructions received from the Petitioner, submits that if
this Court would protect her ownership rights, as reflected
in the Parcha Khatiyan, she would not protest the Project
Work undertaken by the Respondents of expanding the
National Highway.
5. In view of the clear understanding between the
parties, this Court deems it appropriate to dispose of the
Writ Petition without examining the merits of the issues
raised by the parties, by allowing the Respondents to
continue with the infrastructural project of expansion of
the National Highway duly ensuring that they do not
infringe upon the Petitioner's rights of ownership of the plot
number, as specified above, without following the due
process of law.
5
W.P. (C) No. 47 of 2022 Mrs. Srijana Gurung vs. Union of India & Ors.
6. The Writ Petition is disposed of in the above
terms.
7. No orders as to costs.
8. Pending applications, if any, also stand disposed
of accordingly.
( Bhaskar Raj Pradhan )
Judge
Approved for reporting : Yes
Internet : Yes
ml/
