PHUCHUNG BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) learned counsel for the petitioner as well as Mr. Karma Thinlay, learned State counsel representing the State of Sikkim/official respondents.

(2.) The impugned appellate order dated 14-5-2008 passed by the Appellate Authority-cum-Conservator of Forest, Territorial Circle, Forest Environment and Wildlife Management Department, Government of Sikkim, Gangtok in Misc. Appeal No. 5 of 2007 confirming and upholding the judgment and order dated 7-4-2007 passed by the Deputy Conservator of Forest (T), East District, Gangtok in Misc. Encroachment Case No. 656 of 2007 is under challenge in this writ proceeding filed under Article 226 read with Article 227 of the Constitution of India.

(3.) The factual matrix of the case in brief as has been narrated in the pleadings is that the petitioner is the owner of 4 (four) plots of land situated at Sawney, Kumrek Block. Out of those four plots, two plots were inherited by him by way of inheritance from his father and the rest two plots he purchased subsequently. The entire land of the petitioner has been surrounded by reserve forest on the north and east. It is stated that there has been kuccha road proceeding from the main road up to the Jhora (big drain) which is situated on the private property of the petitioner from time immemorial. This road was not constructed by the petitioner or by his father but is in existence from time immemorial. It is contended that this is the only road for access and egress from the petitioner's private land. It is further mentioned that there is no alternative way to reach the petitioner's property from the main road unless the petitioner make use of small portion of the road passing through the forest land. As such the private land of the petitioner is landlocked in North, East and West side and waterlocked in the southern side.