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2014 DIGILAW 80 (SIK)

Lok Bahadur Lamichaney v. State of Sikkim

2014-09-30

N.K.JAIN, S.K.SINHA

body2014
JUDGMNET Jain, CJ (Oral). Heard learned counsel for the parties. 2. The petitioner has preferred this Public Interest Litigation for issuing necessary directions to respondents with regard to maintenance of iron gratings along National Highway 31-A and State Highways. Other prayers were also made for necessary directions to respondents for carrying out their duty regarding proper disposal of wastage and garbage. 3. In response to notice, the respondents No. 1 and 2 and respondent No. 3 have filed their counter affidavits. 4. When the matter was listed on 11.09.2014, learned counsel for the parties agreed that they will go together for inspection of the area in dispute and will submit their report about total iron gratings, which are damaged and required to the repaired or replaced. 5. In pursuance of aforesaid direction, learned counsel for the parties jointly inspected the sites. Mr. Jorgay Namka, learned counsel appearing on behalf of respondent No. 2 submitted a report on behalf of all the learned counsel in the shape of affidavit along with photographs. The report was taken on record on 19.09.2014. Thereafter, the Commissioner-cum-Secretary, UD & HD and Principal Chief Engineer, UD & HD were summoned. Both the officers were present on 24.09.2014. They were directed to identify the sensitive points from the report submitted by Mr. Jorgay Namka, Advocate and file their proposal, in writing, for carrying out/execution of the work of the said sensitive points first in minimum time. 6. Respondents No. 1 and 3 have filed an affidavit of Mr. B.S. Gautam, Chief Engineer, Urban Development and Housing Department, Government of Sikkim on 27.09.2014, wherein the details have been given about identified sensitive/ vulnerable zones and the time to be granted to complete the work. Paragraph 8 of the affidavit is reproduced as under: - “8. It is submitted that after the aforesaid joint inspection it has been decided by the UD & HD and the GMC that there are altogether eight numbers of sensitive / vulnerable zones which are as follows: i. TNA Scholl Area. ii. Below Sikkim High Court and opposite St. Thomas Church. iii. STNM Hospital Area. iv. Deorali School Area and opposite Forest Secretariat Area. v. Near Panihouse Shiva Mandir Area. vi. Tadong College Area. vii. Tadong School Area. viii. M.P. Golai Area. ii. Below Sikkim High Court and opposite St. Thomas Church. iii. STNM Hospital Area. iv. Deorali School Area and opposite Forest Secretariat Area. v. Near Panihouse Shiva Mandir Area. vi. Tadong College Area. vii. Tadong School Area. viii. M.P. Golai Area. The Urban Development and Housing Department has already started the temporary barricading works in the aforesaid areas with banners/ribbons indicating “caution/ danger and do not enter” signs. The said work will be completed by the Urban Development and Housing Department on or before 30.09.2014. Beside the above, the Urban Development and Housing Department has taken the responsibility that the five Nos. of iron gratings damaged by the contractor near Forest Secretariat will be replaced by new iron gratings by the contractor himself within 08.10.2014. It is submitted that the Gangtok Municipal Corporation has decided to carry out the works mentioned herein below: i. to cover the open drains as mentioned in serial no. (i) to (viii) of paragraph 8 hereinabove with iron gratings within 31.12.2014. ii. to complete the entire work by 31.01.2015. iii. after completion of aforesaid works the drains will be handed over to the Boarder Roads Organization as the Highway falls under their jurisdiction.” 7. Learned counsel for the parties submitted that in view of affidavit of Mr. B.S. Gautam, Chief Engineer, UD & HD, the writ petition can be disposed off by issuing necessary directions and granting time to the respondents as mentioned in paragraph 8 of the affidavit dated 27.09.2014 for completing the work. 8. In view of joint submissions of learned counsel for the parties and undertaking of respondents in paragraph 8 of the affidavit of Mr. B.S. Gautam dated 27.09.2014, the writ petition stands disposed off. The respondents are directed to complete the entire work within time as mentioned in the affidavit referred above. 9. It is made clear that in case the work is not completed as directed above, then the petitioner will be at liberty to move an application to initiate contempt proceedings in the matter against contemners.