RAMESH RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The only issue which arises for consideration in the instant Public Interest Litigation is whether the local residents of Namchi are being deprived of use of a playground in view of construction of a 300 bedded district hospital in an area which was being used as temporary playground.

(2.) The answer to this issue is in paragraphs 14 and 26 of the counter affidavit filed on behalf of the State respondents. For convenience, paragraphs 14 and 26 of the said counter affidavit are reproduced hereinbelow:-

(3.) Since it is clear from a plain reading of the two paragraphs, as quoted above, that the Bhaichung Stadium can be used by the general public for the purpose of health activities besides football tournaments and in addition to that the State Government has allotted 3.822 acres of land in Boomtar, Namchi, for utilization of public purpose of sports, etc., we do not find any cogent and/or justifiable reason to keep the instant Public Interest Litigation pending, which stands disposed of accordingly.