SRIJANA GURUNG Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal challenges the impugned order dtd. 1/8/2024 passed by the learned District Judge, Pakyong on an application under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) filed by the plaintiff here in appellant. The learned District Judge has come to the conclusion that although the plaintiff has shown a prima facie case in their favour, but they have not been able to show irreparable loss and damages which cannot be adequately compensated and that their inconvenience will far exceed the defendants.

(2.) In the plaint the appellants had stated that they jointly own and are in unencumbered physical possession of their 'only' residential 4 storied RCC building built on land bearing plot no.290/2244 measuring 1.1040 hectors (1507 sq.ft) at Pachey Samsing Block, Pakyong Elakha, Sikkim.

(3.) It is the appellant's case in the plaint that a final notice dtd. 8/9/2022 was issued to the appellants stating that the property had been acquired by National Highways and Infrastructure Development Corporation Limited (NHIDCL) for the construction/up gradation of existing lane to 2 lane road with paved shoulder NH-717A including geometric improvement from Ranipool, Pakyong km 0.0000 to km 16.167 in the State of Sikkim. The said notice also directs the appellants to vacate and handover the possession of the property within 10 days of the receipt of this notice. A copy of the said notice was also filed along with the plaint.