® 1 \Jd -Y iF.....IN + 7.04.200 At/ ORDER SHEET THE HIGH COURT 0F SIKKIM Writ Horn ShaLrutar state Of Present : Mr. D. K. C ).„.......No. Bhattarai Versus slkRlm Order with Signature TqE$1 of rw 2JJCJRi i§r`Appellant Respondent SinghassistedbyMr.HemLallBhandari _-A. _L__,_i: Ah`7^r.ates for the and Mr. M. K. Chaturvedi, Advocates tor iHc rest;lil . i,||.I,.I-I - - petitioners. Mr. S. P. Wangdi, Advocate General assisted by Mr. J. 8. Pradhan, Govt.Advocate and Mr. Karma Thinlay, Asstt.Govt.Advocate for the State- respondent Nos, 1 to 4. Heard Mr D K Singh assisted by Mr Hem Lan Bhandari and Mr M K Chaturvedi, learned Counsel for the petitioners and also Mr S. P Wangdi, leaned Advocate General assisted by Mr J 8 Pradhan, leaned Govt Advocate and Mr Karma Thinlay, learned Assistant Govt Advocate for theState-respondentNos.1to4. Mr. S. P. Wangdi, leaned Advocate General raised a preliminary objection pertaining to the maintainability of the case According to the leaned Advocate General, the case is defeated by delay and laches and apart from it, the writ petitioners did not avail or exhaust other recourses for the reliefssoughtforbytheminthiswritpetition,insteadofitthe writ petitioners file this writ petition Be that as it may, the matter be listed on 23 4 2003 for further order, and it is made clearthatonthatday,thematterpertainingtomaintainabilityof thewritpetitionshallbeconsidered. ot:£::e]noN:ofti:O:# Serial No. of Order 3.4.2003 Present Order with Signature Mr.MrigendraChaturvediwithMr.DK. Mr LT^~l_1iT`. . . _ _. ~+ ..... y.ui wiinMr.U K. Singband MrHemlallBhandari,Advocatesforthepetitioners Mr S P Wangdi, Advocate General with Mr. N 8 Khatiwada,AddlAdvocateGeneral,MrJ8Pradhan, GovtAdvocateandMrKarmaThinlay,AssttGovt Advocate for respondent Nos. I to 4. Heard on admission. This writ petition concerns the Land Acquisition proceedingsinitiatedonthepublicationofnoticeunderSection 4(1) of the Land Acquisition Act,1894 on 22 21999 for the constructionofworkofTeestaHydelProjectStage-Vbythe NHPCLimitedTheawardwasmadebytheCollectorinthe year 1999 Leaned Counsel for the petitioners submits that possession was taken in pursuance of tbe award either in the year1999orthereafterThemainprayermadeinthepetitionis for issue of a writ or direction in the nature Of mandamus commanding the respondents to take J _--J``, ,,I,I, utmost expedition for re-assessment of the compensation in respect of the acquisition of the lands of the petitioners The procedufeforraisingobjectionswithregardtothequantumof compensation has I)een specifically laid down in the Land Acquisition Act, 1894 If any person is aggrieved from the awardmadetiytheCollectorhehastoresorttotheprovisions under that Act Further Section 16 of the Act provides that when"theCollectorhasmadeanawardundersectionll,he may take possession of the land, which shall thereupon vest absolutelyinthegovernment,freefromallencumbrances" Duringthecourseofarguments,thelearnedCounselfor the petitioners has sut)mitted that the notice put)Iished under section4oftheLandAcquisitionActwasnotvalidHowever, n^ r,1.h,,^-L_ _ , notice under Section necessary steps with no prayer has been made by the petitioners for quashing the _ ` ''-,, n^+:^,a 1,-I_ ,, . 4 of the Land AcquisitionAct. The ?a:C:i°¥:(!£i:ey'r)° a Serial No. of Order Order with Signature petitioners have not even annexed a copy of the notice published under section 4. Besides, once possession has been taken, the land absolutely vests in the Government free from all encumbrances. Despite the publication of the notice under section 9, no objections were filed by the petitioners and no applictt+oA was made by the petitioners for reference under section of the Act. Furthermore, the petition was filed on 4.4.2003. It suffers from laches. The petition is frivolous. It is dismissed with cost of Rs.10,000/-payable to respondent No.1, the Government of Sikkim. The cost be paid within one month. GLLi 'IV. amani Singh ) 23.4.2003 + , c-yv ( RIpusudan I)ayal ) Chiof Justice 23.4.2003 Office Note as 'to taackt::nohif6:Z!r