HANTEY GYATSO KAZI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner has approached this Court seeking the following reliefs;

(2.) The Petitioner is the owner of plot No. 202/1082 measuring 0.1810 hectares at Karthok Block, Pakyong, East Sikkim. In the year 2013, he started constructing his house in the said plot. The Petitioner had constructed protective wall having its length of 150 feet and 25 feet height approximately to make the base/foundation of the building strong in order to withstand the natural calamities like earthquake or landslide. When the exterior/outer portion of ground floor got completed, the Petitioner found that all the walls of the ground floor including the protective wall had developed many cracks ranging from minor to major.

(3.) The case of the Petitioner is that the Petitioner filed a complaint before the Respondent No.5 (District Collector, East Sikkim, Gangtok) stating the facts and the damage caused to his property and requested him to hold an inspection. On 12.02.2014, joint inspection was conducted. Thereafter, on 21.02.2015, the Junior Engineer, Buildings and Housing Department submitted the report of the joint inspection to the Respondent No.6 (the SubDivisional Magistrate, Pakyong). The Respondent No.6 wrote to the District Collector informing about the damage caused by the construction activities of Greenfield Airport, Pakyong and asking him to pass orders for further action. Thereafter, when nothing was done, the Petitioner filed a petition before the High Court Lok Adalat and as per the petitioner the parties entered into some agreement. But the authority did not honour the agreement. Thereafter, Civil Execution Case No. 07 of 2016 (Hantey Gyatso Kazi vs. State of Sikkim & Others) was filed. On 19.09.2016, the learned District Judge, East Sikkim at Gangtok, in Civil Execution Case No. 07 of 2016 passed the following order: