The main legal point established was the application of Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the context of reassessment of compensation for temporary land acquisition.

Jain, CJ (Oral).

With consent of learned counsel for the parties, the case is heard and disposed off finally.

2. Initially, a letter petition was addressed to Sikkim State Legal Services Authority, Gangtok by Pipon, Lachen Dzumse, North Sikkim for improvement of road condition constructed by GREF from Rabom to Thangu. By another letter petition dated 19.04.2012 by Public and Panchayats of Lower Dzongu, North Sikkim, a prayer was made for providing necessary maintenance and restoration works under Dikchu to Sankalang Road, Lower Dzongu, North Sikkim.

3. A notice to show cause was given to respondents and in response thereto, they filed affidavits and progress reports from time to time. Thereafter, learned Amicus Curiae, appearing on behalf of petitioners, also filed report in counter to reports submitted by respondents.

4. The matter was listed on 13.03.2014, the progress report submitted by respondent No. 1 was taken into consideration and the following order was passed:

“Heard learned counsel for the parties.

Respondent No. 1 has filed its progress report, wherein it has been reported that a sum of Rs.66,528/-has been sanction for construction of temporary bridges, a sum of Rs.537.86 lakhs has been sanctioned for temporary diversion for 3 Nos. temporary bridges, Rs.18.94 lakhs has been sanctioned for land acquisition and muck dumping for construction of 4 Nos. of major permanent bridges, job has also ben sanctioned on 07.03.2014 for bridge at KM 2.57 at Dett Khola. It has further been reported that approximate estimate has already been sent for bridge at KM 5.25 at Tarayong Chu, bridge at KM 10.400 at Maney Chu, bridge at KM 16.950 at Ring Chu.

Mr. Karma Thinlay, learned Central Govt. Counsel appearing on behalf of respondent No. 3 submitted that at least eight weeks time may be granted to sanction these amounts.

Since time was also granted earlier, therefore, we are of the view that eight weeks time is unreasonable. However, we allow six weeks more time to respondent No. 3 to sanction the aforesaid amounts.

Mr. J.B. Pradhan, learned Addl. Advocate General appearing for respondent No. 5 is directed to examine the progress report submitted by respondent No. 1 and do the needful.

Learned Amicus Curiae appearing on behalf of petitioner has also filed its report, which is also taken on record. Learned counsel for respondents are directed to examine the same and do the needful before next date.

List on 25.04.2014.”

5. Thereafter, the matter was listed on 25.04.2014 and again on 19.05.2014 and on that day, learned Amicus Curiae raised an objection about non-payment of adequate compensation for temporary acquisition of lands of petitioners, as per Rules. After considering the submissions of learned counsel for the parties, it was directed that respondents shall reassess the compensation to be paid to the land holders for temporary acquisition of their land, along with necessary documents of the land. The order dated 19.05.2014 is also reproduced as under:

“ Heard learned counsel for the parties.

Learned ‘Amicus Curiae’ has filed a report on behalf of petitioners, which is taken on record.

Learned ‘Amicus Curiae’ submitted that respondents are not paying compensation for temporary acquisition of land of petitioners, as per Rules. She submitted that their assessment for compensation is contrary to Rule. She also submitted that respondents are in possession of more land whereas compensation has been assessed for less land. Therefore, they may be directed to reassess the compensation of full land acquired by them.

After considering submissions of learned counsel for the parties, it is directed that respondents shall re-assess the compensation to be paid to the land holders for temporary acquisition of their land, along with necessary documents of the land, which has been acquired on temporary basis and place the same on record before next date.

Four weeks’ time as prayed is allowed to the respondents to do the needful.

List on 17.06.