High CourtsSingle Bench(2024) 06 SIK CK 0050

Pema Tenzing Bhutia vs State Of Sikkim Through, The Secretary, Land Revenue & Disaster Management Department, Government Of Sikkim Tashiling, Gangtok Sikkim, Pin Code- 737101 & Ors.

Sikkim High Court · Decided on 12 June 2024

HON’BLE JUDGES
Bhaskar Raj Pradhan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 26 Of 2022

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Judgment

8 paragraphs · 361 words

Bhaskar Raj Pradhan, J

1.

An affidavit has been filed by respondent no.4 stating that an amount of Rs.39,84,531/- has been deposited in the account of District Collector, Mangan, bearing account No.50100682651050 on 29.05.2024 and the District Collector was also intimated vide letter dated 29.05.2024.

2.

The writ petition sought for compensation amount of Rs.23,76,961.74/- as reflected in award dated 15.11.2018 along with interest by way of damages till the date of final payment on the ground that although award was passed by the District Collector on 15.11.2018 under the Right to Fair Compensation and Transparency and Land Acquisition Rehabilitation and Resettlement Act, 2013 the respondent no.4 had failed to pay the compensation till the date of filing of the writ petition.

3.

The learned counsel for the petitioner submits that the calculation of interest by the respondent no.4 is erroneous because it does not calculate the interest till the date of actual payment. However, it is quite clear that the principal amount of compensation payable along with interest thereon till the date of computation by the District Collector has been duly deposited by the respondent no.4 before the District Collector, Mangan.

4.

In view of the same, this Court is of the view that the writ petition can be disposed of with liberty to the petitioner to approach the District Collector, Mangan with their calculation to satisfy the District Collector, Mangan for further payment and interest from the respondent no.4. If the District Collector is so satisfied direction may be given to the respondent no.4 to make good the payment of the remaining amount which shall be duly paid by the respondent no.4 without delay. It is accordingly ordered.

5.

The order dated 23.11.2023 records the information that the petitioner has been missing since the devastating Glacial Lake Outburst (GLOF) at Chungthang. The respondent no.2 is therefore, directed to make an inquiry and a written report regarding the petitioner within a period of one month from today.

6.

Based on the finding of the inquiry and the written report, appropriate steps for disbursement of the compensation amount as per law shall be taken.

7.

The writ petition is accordingly disposed.