GULSHAN RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This case started with an application filed by two individuals making certain complaints against the State Government for not taking appropriate steps for pulling down two of the buildings situated on the main road in a deplorable state after the calamity of nature on the 8th of June, 1997.

(2.) The petition, in the nature of P.I.L., was initially filed against the State of Sikkim represented through the Urban and Housing Development Department. Thereafter on the direction of this Court, the owners of the two buildings in question were made parties.

(3.) On the direction of this Court, the State-respondents conducted a thorough investigation into the condition of the buildings, the extent of damage caused to the building, reason thereof and remedial measures. The State-respondents submitted that a high level Technical Committee was formed with members from different departments including Mines and Geology and Irrigation Department. The Technical Committee submitted report to the Government towards the end of July. The said report has been filed in this Court on behalf of the State-respondents by an affidavit. By two separate affidavits the owners of the two buildings challenged the maintainability of the petition itself and also the dependability of the Expert Committee Report.