Supreme Court - Daily Orders
Karma Thinlay Lama vs The State Of Sikkim on 10 July, 2017
Author: Chief Justice
Bench: Chief Justice, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION(C) No.6569 OF 2015
KARMA THINLAY LAMA & ANR. ......PETITIONERS
VERSUS
STATE OF SIKKIM & ORS. .......RESPONDENTS
O R D E R
1. Heard learned counsel for the rival parties.
2. This Court passed the following order on 04.05.2017:
“1. The counter affidavit jointly filed on behalf of respondent Nos.1, 2, 4, 5, 6 and 8 encloses Annexure R-1, depicting the details of compensation given to various villagers, on account of damage caused by the blasting operations conducted by the Madhya Bharat Power Corporation Limited. In paragraph 7 of the joint affidavit, it is inter alia stated as under:
“7. That after making assessment of the damages, the MBPCL was directed to make the payment of the damages, to the affected persons and the same were accordingly paid by the MBPCL through the Sub-Divisional Magistrate, Pakyong Sub-Division, East Sikkim and the District Collector, District Collectorate, East Sikkim. A chart containing the details of the persons to whom the compensation was paid towards the damage caused to land/field, crop and residential houses is annexed herewith and marked as ANNEXURE R-1 (Pgs.9 to 15).” Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2017.07.14 17:15:46 TLT
2. Learned counsel for the respondents states, that if there is any person who is still Reason: aggrieved, and has suffered damage on account of blasting operations, it is open to such person to make a representation to the Sub-Divisional 2 Magistrate, Pakyong Sub-Division, East Sikkim or the District Collector, District Collectorate, East Sikkim, would determine the compensation payable to the concerned representatives.
3. Learned counsel for the petitioner has however invited our attention to the rejoinder affidavit (filed to the counter affidavit, of respondent No.3), wherein, details of persons, who have not been paid any compensation, despite having suffered damage and loss (on account of the aforestated blasting operations), have been depicted in Annexure A-5. Annexure A-5 is an affidavit sworn before the Oath Commissioner, East Sikkim at Gangtok, affirming that 28 persons, besides the gumpa/monastery, referred to in the rejoinder affidavit (to the counter affidavit, of respondent No.3), have suffered damage and loss, on account of blasting operations conducted by Madhya Bharat Power Corporation Limited. Rather than requiring the 28 named persons, besides the gumpa/monastery, referred to in the rejoinder affidavit (to the counter affidavit, of respondent No.3), to approach the Sub-Divisional Magistrate or the District Collector, District Collectorate, East Sikkim, as indicated in paragraph 7 of the joint counter affidavit, we consider it just and appropriate to direct respondent No.1 to carry out an inspection of the claim raised by the 28 individuals, besides the gumpa/monastery, referred to in the rejoinder affidavit (to the counter affidavit, of respondent No.3), and make an assessment of damage, if any, suffered by them. And in case respondent No.1 arrives at the conclusion, that they suffered damage and loss on account of blasting operations conducted by the Madhya Bharat Power Corporation Limited, to recommend payment of compensation to such 28 individuals, besides the gumpa/monastery.
4. Post for hearing in the second week of July, 2017.”
3. In continuation of the above order, a Compliance Affidavit dated July, 2017 has been filed on behalf of respondent Nos.1, 2, 4 to 6 and 8. The same includes the Joint Inspection Report, and the assessment of damage caused to the structures of 3 those named in the petition. The Compliance Affidavit is taken on record.
4. Learned counsel appearing on behalf of respondent No.3 undertakes, that the amount indicated in the Joint Inspection Report, depicting the cost of repair with reference to the damage to the buildings, will be deposited by respondent No.3 with the District Collector, District Collectorate, East Sikkim, within four weeks from today.
5. On the receipt of the deposit made by respondent No.3, the District Collector, District Collectorate, East Sikkim, shall disburse the same to the affected parties without any further delay.
6. Needless to mention, that in case the assessment made is not acceptable to any of the persons whose premises have been found to be damaged, it shall be open to such persons to agitate the issue before a Court of competent jurisdiction.
7. The special leave petition is disposed of, in the above terms.
.........................CJI.
(JAGDISH SINGH KHEHAR) ..........................J. (Dr.D.Y.CHANDRACHUD) NEW DELHI;
JULY 10, 2017.
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ITEM NO.12 COURT NO.1 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).6569/2015 (Arising out of impugned final judgment and order dated 12-12-2014 in WP No.6/2013 passed by the High Court of Sikkim at Gangtok) KARMA THINLAY LAMA & ANR. Petitioner(s) VERSUS THE STATE OF SIKKIM & ORS. Respondent(s) Date : 10-07-2017 This petition was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Ms.Dr.Doma Bhutia, Adv.
Mr.Satya Mitra, AOR For Respondent(s) Mr.A.Mariarputham, Advocate General (For State of Ms.Aruna Mathur, Adv. Sikkim) Mr.Avneesh Arputham, Adv.
Ms.Anuradha Arputham, Adv.
Mr.Amit Arora, Adv.
Mr.Arputham Aruna And Co., AOR For RR No.3 Mr.Vikas Kumar, Adv.
Mr.Manish Paliwal, Adv.
Mr.Ratan Singh, Adv.
UPON hearing the counsel the Court made the following O R D E R The special leave petition is disposed of, in terms of the signed order.
(SATISH KUMAR YADAV) (RENUKA SADANA)
AR-CUM-PS ASST.REGISTRAR
(Signed order is placed on the file)