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HIGH COURT OF SIKKIM
Biswanath Somadder, CJ, Bhaskar Raj Pradhan, J
Karma Tshering Bhutia – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. overview of acquisition proceedings and the dispute over the status of compensation statements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. distinction between estimated compensation under section 17(3a) and a final award under section 11 of the 1894 act. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 3. application of the 2013 act for compensation determination where no formal 1894 act award exists. (Para 25 , 26 , 27) |
J U D G M E N T
Bhaskar Raj Pradhan, J.
1.The impugned judgment passed by the learned Single Judge dated 10.07.2023, disposing two connected writ petitions, was primarily on the opinion that the statement of compensation computed on 31.05.2013 was not an award and the State respondents had failed to explain the law under which compensation was computed and prepared.
2. The impugned judgment holding that the statement of compensation computed on 31.05.2013 was in fact the award, is based on the premise that there was no provision in the Land Acquisition Act, 1894 (for short, Act of 1894) under which such statements of compensation which had all the trappings of an award could be computed. This was incorrect. The relevant
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