GANGA MAYA GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Claiming abrogation of her fundamental rights as guaranteed under Article 14 of the Constitution of India and violation of the principles of natural justice, the Petitioner herein seeks a direction to the Respondent No.1 not to disturb her possession on a plot of land measuring 20 feet x 25 feet at Deorali School Road, Gangtok, East Sikkim. That, the Respondent No.1 be restrained from acting contrary to the rights of the Petitioner and to stay the Order of the Respondent No.1 requiring demolition of a structure on the said plot of land constructed by her.

(2.) The facts as projected by the Petitioner are that she is a 50% physically challenged person with permanent impairment of both her upper limbs as certified by the concerned authority at the Safdarjung Hospital, New Delhi vide a Disability Certificate, dated 11.10.1991. In 1974 she was married to one Lhendup Dorjee Bhutia from whom she allegedly separated in the year 1988. In the year 1991, a kitchen accident rendered her disabled and in order to maintain the three minor children from her husband, she sought for and was granted maintenance from him, vide a Magisterial Order, dated 30.03.1992 (Annexure P-2). Pursuant to the passing away of her husband in 1992, the Court of the learned District and Sessions Judge, Sikkim at Gangtok granted her Guardianship of her three minor children in August, 1993.

(3.) In this backdrop, in November, 1993 she moved an application before the Office of the Respondent No.1 seeking allotment of a housing site, around Gangtok area but was unable to follow up the matter on account of her disability. During this time she also met a person who she decided to share her life with but the relations did not last. Meanwhile her children also attained majority and in the year 2000 she transferred the property of her late husband to her children by issuing a "No Objection Certificate" towards this end. Her children have since deserted her. Thereafter, despite several pleas made by her to the concerned Minister and even the Chief Minister from the year 2005 through 2015, seeking allotment of a housing site, her pleas fell on deaf ears. She however identified a site at Deorali School Road for allotment to her and constructed a shed thereon. In April 2015, the Assistant Town Planner-I, Urban Development and Housing Department (for short "UD&HD") finally turned down her request inter alia on grounds of insufficient proof of occupancy of the site and that the land in question was previously alloted to one Smt. Ganga Pradhan in the year 1984 and was disputed. In January 2016 the Petitioner received a Demolition Order from the UD&HD, requiring her to demolish the shed at the said site. She responded vide a letter dated 20.01.2016, requesting that the Order be recalled. That she has come to learn that her application was in fact considered in April, 2015 and site inspection was carried out but later the site was offered to the Respondent No.2 in terms of an amicable settlement arrived at between the Respondent No.1 and Respondent No.2 in connection with another Writ Petition, which thereby stood disposed of. Hence, being aggrieved she has put forth her prayers as detailed hereinabove.