BAL BAHADUR TAMANG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) BY notice under Section 4(1) of the Land Acquisition Act, 1894 dated 29.11.2006, the Respondent No.1, Secretary, Land Revenue and Disaster Management, necessity of land belonging to the Petitioners for public purpose for the construction of approach road and working area in Tinik, Chisopani, Salghari, Poklok and Kitam Blocks in the South District by Sikkim Power Development Corporation ('SPDC' for short) to establish 96 MW Jorethang LooP Hydroelectric Project, was notified by invoking the urgency provision under Section 17(4) of the Land Acquisition Act, 1894 ('LA Act, 1894' for short), directing that the provisions of Section 5 -A of the Act shall not apply. This was followed by a declaration under Section 6 of the Land Acquisition Act, 1894 that the land was needed for a public purpose.

(2.) THE rate for compensation of the land was initially assessed at Rs.8.47 per square feet and by letter dated 17.08.2006, statement of compensation amounting to Rs. 64,91,378.00 (Rupees sixty four lakhs ninety one thousand three hundred and seventy eight), being the total amount of compensation calculated at that rate, was forwarded by the District Collector, the Respondent No.4, to the Secretary, Land Revenue and Disaster Management Department, Government of Sikkim, the Respondent No.2, requesting release of the amount at the earliest. It is stated that 80% of the above amount, i.e., Rs.49,90,994/ - (Rupees forty nine lakhs ninety thousand nine hundred and ninety four) was released to the land owners sometime in the year 2007.

(3.) THEREAFTER Public Notice under Section 9 of the LA Act, 1894 was issued by the District Collector vide Notices No.168, 169 and 170/DC(S) dated 22.10.2008 calling upon the interested persons in the land to appear and state the nature of their respective interests in the land and, in particular on the amount of compensation and, also their objections, if any, to the measurements under Section 8 of the LA Act, 1894, on or before 20.11.2008. This was followed by a declaration of award under Section 11 of the LA Act, 1894.