LAWS(SIK)-2017-12-1

MR. NAR BAHADUR KHATIWADA Vs. STATE OF SIKKIM

Decided On December 01, 2017
Mr. Nar Bahadur Khatiwada Appellant
V/S
STATE OF SIKKIM Respondents

JUDGEMENT

(1.) Seeking review of the order dated 19th May 2015 rendered by this Court in W.P.(C) No. 09 of 2015, wherein and whereunder the writ petition was dismissed summarily, the instant petition is filed.

(2.) Re-examination of the impugned order is sought primarily on the ground that there is palpable error and miscarriage of justice. It is also contended inter alia that the principle of res judicata was wrongly applied when the petitioner was claiming relief under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013"), which has accrued subsequently.

(3.) The facts in brief, relevant for consideration and disposal of the review petition, is that the petitioner claiming to be the interested person, being in absolute possession of the property admeasuring 0.35 acres of land comprised in Khasra No. 713 and housing a single-storey building by virtue of a Gift Deed dated 10th December 1986, has preferred a writ petition, being W.P.(C) No. 09 of 2015, under Article 226 of the Constitution of India, on 16th February 2015, seeking the following reliefs: