DEFENCE ESTATE OFFICER Vs. PUBLIC OF LACHEN

JUDGEMENT

(1.) The Petitioner is seeking review of the order dated 17.09.2014 passed in W.P.(PIL) No. 17 of 2012.

(2.) The Pipon and People of Lachen had sent a letter dated 21.04.2012 to the Executive Chairman, Sikkim State Legal Services Authority, making allegations that Army and GREF had constructed their camps over their lands without payment of compensation, therefore, their cases may be considered for sanction of compensation. A similar letter was received by the Chief Justice also. The matter was taken up in Public Interest and W.P.(PIL) No. 17 of 2012 was registered.

(3.) During the proceedings of the PIL, the Writ Court directed the State to file details of the private lands occupied by the GREF and Army in Lachen area. Counter affidavits were filed and it revealed from the counter affidavits that the land measuring 2.38 acres at Thombu was under the occupation of the Army on the basis of 'No Objection Certificate' obtained from the landowners. Similarly, land measuring 860.47 acres (hired land) was also under the occupation of the Army, for which process of acquisition shall be initiated. The Writ Court found that no compensation was paid to the landowners. The Writ Court, therefore, issued certain directions on 12.08.2014 calling the Respondents to furnish details of all the landholders with their names and address, whose lands were occupied by the GREF and Army; how much amount was paid to them on account of hiring charges; whether the Respondents had finalized the hiring charges as per the prevalent market rate, after hearing the concerned persons/ landowners; basis for calculating the amount of hiring charges and mode of payment of hiring charges to the landholders.