CHAIRMAN, NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED Vs. GOVERNMENT OF SIKKIM

JUDGEMENT

(1.) The Order under challenge is dtd. 19/5/2023 passed by the learned Principal District Judge, Gangtok in Title Appeal No. 10 of 2022 disposing of two applications i.e. one under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) filed by the Government of Sikkim and Forest and Environment Department i.e. respondent nos. 1 and 2 (defendant nos. 1 and 3 in Title Suit No. 02 of 2018 {the Title Suit}) and the other by Chairman, National Highway and Infrastructure Development Corporation Limited (NHIDCL) and Managing Director, NHIDCL i.e. revisionist nos. 1 and 2 (defendant nos. 8 and 9) both for stay of execution of judgment and decree dtd. 14/9/2020 passed in the Title Suit.

(2.) The impugned Order dtd. 19/5/2023 is assailed by the revisionists invoking Article 227 of the Constitution of India.

(3.) The Title Suit was filed by the respondent nos. 3 to 8 (the plaintiffs) claiming to be the owner of the suit land acquired in the year 1934. It was the respondent nos. 3 to 8' case that they had to shift from the suit land as the Rangpo River rose over portions thereof. According to them the suit land was however wrongly recorded in the name of 'Sikkim Sarkar' as they learnt about it in the year 2014. It is the further case of the respondent nos. 3 to 8 that portions of their land were acquired by Ministry of Road Transport and Highways for construction of the overbridge. The respondent nos. 3 to 8 therefore, filed the suit for various reliefs including the relief of declaration of their right title and interest in the suit land, confirmation of possession, correction of record of rights and a declaration that they were entitled to the compensation assessed for portion of the suit land.