JANGA BAHADUR CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) (i) The prayers that are being pressed inter alia in the instant Writ Petition are as follows;

(2.) In the Counter-Affidavit of the Respondent No.2 (The District Collector) and Respondent No.4 (The Secretary, Land Revenue and Disaster Management Department), it is admitted that acquisition of the Petitioner's land was initiated as per the L. A. Act, 1894. However, Award under Sec. 11 of the said Act was not completed due to the enforcement of the LARR Act, 2013, and all matters under the L. A. Act, 1894, were kept in abeyance. That, admittedly, declaration of Award under Sec. 23 of the LARR Act, 2013, was published on 30/7/2016, computing the net compensation payable by Respondent No.3 to the Petitioner as Rs.11,40,74,869.00 (Rupees eleven crores, forty lakhs, seventy four thousand, eight hundred and sixty nine) only.

(3.) The Respondent No.3, for whom the land was being acquired, disputed the averments of the Petitioner and the Respondent Nos.2 and 4, and contended that a total amount of Rs.73,42,232.00 (Rupees seventy three lakhs, forty two thousand, two hundred and thirty two) only, was computed as Award for acquisition of the properties of the Petitioner under Singbel Block. That, the Respondent No.4 communicated to the Respondent No.3 to deposit a total amount of Rs.1,81,86,160.00 (Rupees one crore, eighty one lakhs, eighty six thousand, one hundred and sixty) only, which included compensation for acquisition of the Petitioner's land with that of others under Singbel and Khamdong Blocks. The Respondent No.3, vide letter dtd. 21/2/2014, sought clarification from the District Collector, East Sikkim, regarding the ownership and extent of its liabilities in respect of the compensation assessed, to which, the Respondent No.2 clarified by communication dtd. 19/3/2014 that the acquired property would be transferred to the Respondent No.3 with no remaining liabilities. That, the Respondent Nos.2 and 4 admitted that an amount of Rs.58,73,736.00 (Rupees fifty eight lakhs, seventy three thousand, seven hundred and thirty six) only, being 80% of the compensation fixed was received by the Petitioner, but the Petitioner declined to receive the remaining 20% and possession of the properties were not handed over to the Respondent No.3 despite several requests made to the Respondent No.2 on this aspect. That, the LARR Act, 2013, was enforced in the State of Sikkim with effect from 16-10- 2015 after the Rules were framed and till then the L.A. Act, 1894, was applicable. Hence, the Writ Petition be dismissed.