High CourtsSingle Bench(2022) 12 SIK CK 0032

Pema Doma Bhutia & Ors. vs Secretary, Tourism & Civil Aviation Department & Ors

Sikkim High Court · Decided on 20 December 2022

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 20 Of 2021

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Judgment

3 paragraphs · 200 words

Bhaskar Raj Pradhan, J

The only issue subsisting in the present writ petition is with regard to the compensation which may be granted to the petitioners for the forceful user of the petitioners property and their claim for damages, if any, on such user. The learned Government Advocate on instructions received submits that this issue can be decided under the Sikim Greenfield Airport, Pakyong (Settlement of Claims for Loss and Damages) Act, 2018. However, on a query it is stated that the Claims Commissioner has not yet been appointed but is likely to be appointed within a month. The learned Senior Counsel representing the petitioners fairly submit that if the Claims Commissioner is appointed within a month they would have no hesitation in approaching the Claims Commissioner to ventilate their grievances.

In view of the submissions made, the writ petition is disposed with the direction that the petitioners may agitate the issue of compensation and damages raised in the writ petition before the Claims Commissioner once it is appointed. It is hoped that the Claims Commissioner be appointed within a period of one month as assured by the learned Government Advocate under instructions. The pending application shall also stands disposed.