Sikkim High Court
WP(PIL)/15/2017 of Karma Jigme Dawa Vs Union of India and Others on 2 March 2021
No. 15/2017 KARMA JIGME DAWA PETITIONER (S) VERSUS UNION OF INDIA & ORS. RESPONDENT (S) For petitioner : Mr. Zangpo Sherpa, Advocate. For respondent no.1 : Mr. Karma Thinlay, Central Govt. Counsel. For respondent no.2 : Dr. Doma T. Bhutia, Addl. Advocate General. and 3 Ms. Pema Bhutia, Asst.
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KARMA JIGME DAWA
UNION OF INDIA & ORS.
WP (PIL) No. 15/2017
PETITIONER (S)
VERSUS
RESPONDENT (S)
For petitioner :
Mr. Zangpo Sherpa, Advocate.
For respondent no.1 :
Mr. Karma Thinlay, Central Govt. Counsel.
For respondent no.2 :
and 3
Dr. Doma T. Bhutia, Addl. Advocate General.
Ms. Pema Bhutia, Asst. Govt. Advocate.
For respondent no.4 :
Mr. Karma Thinlay, Sr. Advocate.
Mr. Thinlay Dorjee Bhutia, Advocate.
For respondent no.5 : Mr. Manish Kumar Jain, Advocate.
Date: 02/03/2021
CORAM :
HON’BLE MR. JUSTICE JITENDRA KUMAR MAHESHWARI, CJ. HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, J.
…
PER J.K. MAHESHWARI, CJ
This petition under Article 226 of the Constitution of India has been filed seeking various reliefs, one of them is regarding shifting of the 132/66 KV Dikchupool Sub-Station to the another identified place at Samdong.
This Court has passed various orders on various dates and the last order passed on 07.12.2020. By which, on the request made by the learned Senior Counsel, Mr. Karma Thinlay to bring on record the soil testing investigation report by way of an affidavit was directed. Learned counsel has endorsed the soil testing report on an affidavit dated 28.02.2021.
On perusal of the said report, it reveal, initially it was decided that 132/66 KV Dikchupool Sub-Station may be established at Dikchu thereafter, a joint survey was conducted and the report was forwarded to respondent no. 4 for scrutinizing of technical suitability of the aforementioned land. Respondent no. 4 in its turn forwarded the said proposal to the Engineering Department, Gurgaon for the examination regarding technical suitability of the land at Dikchu. The Engineering Department opined that the land at Dikchu is not feasible for establishment of 132/66 KV Dikchupool Sub-Station and requested to shift it on any alternative land. In furtherance thereto steps were taken and it was decided that the land at Samdong Block may be suitable for establishment of 132/66 KV Dikchupool Sub-Station.
The technical report has been produced as per annexure R-1 attaching to this affidavit whereby the recommendations so made makes it clear that the present alternate land location at Samdong Block is suitable for establishment of 132/66 KV Dikchupool Sub-Station.
In view of the aforesaid, the directions as issued by this Court has been complied with and looking to the technical report the present location at Samdong Block is found technically justifiable for establishment of 132/66 KV Dikchupool Sub-Station.
In that view of the matter, we are not inclined now to further interfere in this matter so far as the reliefs regarding acquisition of private land is concerned. The aggrieved person may take recourse of law as permissible, if feel aggrieved. The said issue is not required to be entertained in this Public Interest Litigation, on the instance of the petitioner.
In view of the foregoing, this Public Interest Litigation stands disposed of.
Judge
Chief Justice