PEM EDEN BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India for alleged violation of the rights guaranteed to the petitioners under Arts. 14, 19, 21 and 300-A of the Constitution of India.

(2.) The fact of the case is that for the purpose of construction of a very big hydel power project known as Rothangchu Hydel Project, the Government of Sikkim in general and the Power Department of the State Government in particular needed considerable amount of land. Most of such lands belonged to the petitioners before us. The allegations of the petitioners is that the lands were acquired without complying with the necessary formalities and statutory requirements prescribed under the Sikkim Land Acquisition Act of 1977 or the Land acquisition Act, 1894. Illegal method of acquisition, non-payment of compensation, encroachment of lands outside the acquired lands are the main objections of the petitioners.

(3.) The State-Defendant contest the suit by way of filing written statements wherein the maintainability of the writ itself has been challenged on the ground that the petitioners all along conceded to the acquisition of land, fixing of compensation and ultimately took huge amount towards compensation. On this background the petitioners cannot be allowed to challenge the acquisition proceedings at least at this belated stage. It has also been contended that the ground for which acquisition has been attempted to be challenged are frivolous and the same cannot be properly dealt with by the Court exercising writ jurisdiction. In fine, the remedy if at all available to the petitioners is at a different forum.