IN RE : CLOSURE OF ENTRY POINT FOR THE PUBLIC OF SYARI BY THE ARMY AT GANJU LAMA DWAR, SYARI Vs. IN RE : CLOSURE OF ENTRY POINT FOR THE PUBLIC OF SYARI BY THE ARMY AT GANJU LAMA DWAR, SYARI

JUDGEMENT

(1.) This matter has been treated as a Public Interest Litigation on the basis of a letter dtd. 3/3/2020, received from the public of Syari, East Sikkim, Gangtok, stating that the public of Syari, East Sikkim, were facing problem after they were barred from using the footpath along the entry point from the Army area, Ganju Lama Dwar, Ward no. 01, 02, 03 and 04 under Syari, East Sikkim. As per the said letter, local residents of the above-mentioned Wards were using the footpath for many years. There is no alternative route connecting their residence from the main road. The fencing of the entire Army area by the Army personnel and locking the area and barring the residents of the said area from commuting through the said route had led to harassment and difficulties. In such circumstances, the applicants requested for a Public Interest Litigation to be initiated by this Court.

(2.) Thereafter, the matter has been taken up for consideration by this Court several times. The first order in the matter was passed on 18/3/2020 and the last order was passed on 7/10/2021. During the pendency of this matter, several affidavits have been filed. We, however, wish to focus on the affidavit affirmed by the Special Secretary of Land Revenue and Disaster Management Department, Government of Sikkim, Gangtok, East Sikkim, on 21/9/2021. Paragraph 4 of this affidavit is required to be noticed and is, therefore, setout hereinbelow:-

(3.) Considering the fact that an amicable solution has been arrived at by all concerned including representatives from the Army, we are of the view that this Public Interest Litigation can be disposed of with a direction upon all concerned to adhere to the Resolution which was agreed upon by all and passed on 29/7/2021, in a meeting held under the Chairmanship of the Hon'ble Minister, Shri Kunga Nima Lepcha, at the Hon'ble Minister's chamber.