AIRPORTS AUTHORITY OF INDIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) On 11/8/2023, this Court had passed an order directing that there should be a hearing on whether the appeal filed by Airports Authority of India (RFA No. 7 of 2019) and the Cross Appeal filed by Hantey Gyatso Kazi (R.F.A. No. 10 of 2019) against the Award dtd. 15/5/2019 of the Claims Commissioner (the Award) under Sec. 17 of the Sikkim Greenfield Airport, Pakyong (Settlement of Claims for Loss and Damages) Act, 2018, was correctly filed before this Court.

(2.) On 1/9/2023, the learned counsel for the parties made their submissions and thereafter filed short synopsis of arguments. It seems there are two lines of thoughts. One thought led by Mr. N. Rai, learned Senior Counsel, is that the appeals have been correctly preferred before this Court. The other propounded by Mr. Zangpo Sherpa, learned Additional Advocate General, suggests that the appeals ought to have been before the jurisdictional District Judge instead.

(3.) The Sikkim Greenfield Airport, Pakyong (Settlement of claims for Loss and Damages) Act, 2018 (Act of 2018) came into force in Sikkim on 13/6/2018 on its publication in the Sikkim Government Gazette. The Act of 2018 was enacted to provide for the settlement of claims for loss and damages arising out of construction of the airport at Pakyong.