CHANDRA KUMAR CHETTRI Vs. KIPU LEPCHA

JUDGEMENT

(1.) The question raised before this Court in this application under Article 227 of the Constitution of India (the application) relates to a challenge to the impugned Order dtd. 4/4/2023 passed by the learned Principal District Judge in a reference under Sec. 3H of the National Highways Act, 1956 (the NH Act).

(2.) The land on which a dispute is sought to be raised by the petitioner no.1 is a land which is recorded in the name of the father of the respondent. It is the same land which has been acquired after following the procedure prescribed under the NH Act. After the proceedings under Sec. 3A, 3B, 3C, 3D, 3E, 3F was over, the amount payable as compensation under Sec. 3G of the NH Act was also determined. The amount so determined was deposited by the Central Government with the Competent Authority as required under Sec. 3H(1) of the NH Act. The Competent Authority thereafter issued a communication dtd. 18/8/2021 to the father of the respondent to collect the compensation. Thereafter, the petitioner no.1 approached the District Collector on 8/9/2021 requesting him to release the entire compensation amount for acquisition of land to him. Pursuant thereto, on 12/5/2022 the District Collector referred the dispute to the Principal District Judge under Sec. 3H (4) of the NH Act stating that during the disposal of the compensation to the father of the respondent the petitioner no.1 had raised the dispute which could not be settled.

(3.) While this proceeding under the NH Act was on before the Competent Authority who was the District Collector, Gangtok it transpires that on 9/3/2021 the petitioner no.1 approached the Sub-Divisional Magistrate, Rongli stating that the land was in his possession from 1/11/1995 as per mutual transaction between the landowners and him having paid the value of the land and entering into an agreement. Although it was stated therein that documentary proof in support of the transaction was enclosed, the records does not reflect any such documentary proof. The application under Article 227 of the Constitution of India also does not annex these documents.