HARI PRASAD SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking direction upon the respondents to acquire his landed and other immovable properties and restrain them from taking its forceful possession to carry out construction therein. The petitioner further seeks a direction to the respondents to abstain from demolishing his residential building and cottage and constructing therein.

(2.) The petitioner claims that he is the owner in possession of plot no.117 and 118 measuring an area of 0.0264 hectares bearing khatiyan no.81 in Aho Santi, Pakyong. It is stated that he has constructed a five storied RCC building as per approved blue print plan and a cottage therein. It is claimed that the petitioner had purchased this land from Mr. Raghunath Sharma his father-in-law vide sale deed dtd. 14/2/1996 pursuant to which it was registered in his name. The petitioner further states that he had obtained a loan from State Bank of India keeping the land as collateral for the construction of the building. According to the petitioner he and his family do not have any residential dwelling house besides the building and the cottage which is on the verge of acquisition for the purpose of construction/up gradation of existing lane to two lane road NH 717A including geometric improvement from Ranipool to Pakyong.

(3.) The obvious reason for the petitioner to approach this Court was the issuance of notice dtd. 17/12/2021 and reminder notice dtd. 24/10/2022. The facts leading to the issuance of these notices as culled out from the writ petition is that on 29/8/2017 the Ministry of Road Transport and Highways (respondent no.1) issued a notification under Sec. 3A (1) of the National Highways Act, 1956 (N.H. Act, 1956) declaring its intention to acquire land followed by notification under Sec. 3(D) thereof declaring that the land specified in the schedule to be vested absolutely in the State Government. The petitioner's land was not notified therein. However, in February 2020 some officers of the Building and Housing Department, Government of Sikkim along with an officer of National Highways and Infrastructure Development Corporation Limited (NHIDCL) (respondent no.2) carried out measurement of his land while he was away. On his query the officers of the Building and Housing Department informed him that compensation amount of Rs.1,22,56,000.00 had been assessed for his property. When the petitioner approached the District Collector (respondent no.4) - the Competent Authority requesting him to increase the compensation amount he was asked to approach the arbitrator. The petitioner then hired a Chartered Engineer empanelled with Gangtok Municipal Corporation for the correct valuation of his five storied RCC building. The valuation was Rs.3,10,00,000.00.