LAWS(SIK)-2021-10-1

CHIEF OF THE ARMY STAFF Vs. SECRETARY, LAND REVENUE RESPONDENTS & DISASTER MANAGEMENT DEPARTMENT, GOVERNMENT OF SIKKIM

Decided On October 07, 2021
CHIEF OF THE ARMY STAFF Appellant
V/S
Secretary, Land Revenue Respondents And Disaster Management Department, Government Of Sikkim Respondents

JUDGEMENT

(1.) The instant Review Petition has been filed by the Petitioners seeking a review of the Order, dtd. 14/9/2021, in C.M.C. No.04 of 2021.

(2.) While urging that the interest rate of 6% reflected in the Order supra sought to be reviewed, be deleted it was contended by the Learned Assistant Solicitor General that the Petitioners were initially granted three months time to pay the compensation awarded to the Respondents No.3 to 23, vide the Final Order dtd. 19/3/2021 in W.P.(C) No.55 of 2018. On failure to deposit the amount, the Court had ordered that delay would entail deposit with interest at the rate of 6% per annum. On 23/6/2021, in C.M.C. No.01 of 2021, on further time being sought by the Petitioners the Court was pleased to grant further three months to the Petitioners to pay the compensation i.e. till 19/9/2021. That, the extension of time was sans payment of interest at the rate of 6% per annum on the compensation amount. As the Petitioners could not make the payment during the slated period, vide Order dtd. 14/9/2021, in C.M.C. No.04 of 2021, this Court granted further extension of time for payment. That, in the last Paragraph of the Order, dtd. 14/9/2021, an interest of 6% is reflected. Since the Respondents raised no objection to the extension of time sought, this Review Petition is preferred praying that the last Paragraph of the Order dtd. 14/9/2021, wherein interest has been ordered to be paid be deleted.

(3.) Considered submissions.