AI Structured Summary
Not yet generated for this judgment
Judgment
Bhaskar Raj Pradhan, J
On 10.05.2023 on hearing the learned Senior Counsel for the appellant as well as the respondent status quo as of 10.05.2023 was passed by this court which has continued till today. As directed the Additional District Collector (HQ) Gangtok has forwarded the records relating to the case pending before him. The said record shall be kept safely by the registry.
I.A. No. 01 of 2023 is an application of stay of the operation of the order passed by the learned Principal District Judge dated 24.04.2023 in Title Appeal No.02 of 2023, Tenzing Chopel Bhutia vs. Roma Kanti Alley. The respondent has filed a reply to this application. On consideration of the pleadings; on perusal of the documents relied upon and on hearing the learned Senior Counsel for the parties this court is of the view that status quo should continue. It is accordingly, so ordered.
In the meanwhile, considering the nature of the dispute and as agreed by the learned Senior Counsel for the parties this court deems it fit to order a joint inspection by the concerned authorities on 28.06.2023.
The District Collector, East Sikkim shall depute a senior officer of the Directorate along with two Senior Amins for the said purpose. The District Collector may also take assistance of an officer of the Land Revenue & Disaster Management Department, Government of Sikkim. A comprehensive and needless to say an independent report shall be placed by the District collector before this court on or before 30.06.2023.
The report shall also include the following details:-
(i) The extent of area and boundary of plot no. 548 which according to the parcha khatiyan issued on 11.07.1990 in favour of Santa Maya Alley is 0.56 acre.
(ii) The boundry of plot no.548 should be clearly demarcated and the report should also indicate whether the part of plot no.548 falls below the road as well and if so, the exact area thereof.
(iii) The extent of area and boundry of plot no.579/P which according to the sale deed document dated 26.06.2021 in favour of Tenzing Chopel Bhutia is 0.01 acre.
(iv) The boundry of plot no.579/P should be clearly demarcated and the report should also indicate whether the construction made by Tenzing Chopel Bhutia is within plot no.579/P or whether part of the construction has encroached upon any part of plot no.548 falling below the road and if so, the exact area thereof.
(v) The report shall be prepared and submitted in typed form which shall be signed by all the officers taking part in the joint inspection and the joint inspection report shall be verified to be true and correct by them.
(vi) The joint inspection shall be conducted in the presence of the parties or their authorized representatives and their presence shall also be marked in an attendance sheet to be signed by them which shall form part of the joint inspection report.
A copy of this order shall be served upon the District Collector forthwith.
List on 03.07.2023 on which date the application for stay shall be taken up for final consideration.