UNION OF INDIA AND ORS. vs STATE OF SIKKIM AND ORS.
- Court
- High Court of Sikkim
CNR No. SKHC010000922023
THE HIGH COURT OF SIKKIM: GANGTOK
(Civil Extra Ordinary Jurisdiction)
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SINGLE BENCH : THE HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE,
CHIEF JUSTICE
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WP(C) No.28 of 2023
1. Union of India,
Through the Secretary,
Ministry of Defence,
Government of India,
South Block,
New Delhi – 110001.
2. The Director General,
Defence Estates,
Government of India,
Ministry of Defence,
Raksha Sampada Bhawan,
Ulaanbaatar Marg,
Delhi Cantonment – 110010.
3. The Principal Director,
Defence Estates,
Government of India,
Ministry of Defence,
Eastern Command,
Belvedere Road, Alipore,
Kolkata – 700027.
4. The Defence Estate Officer,
Office of Defence Estate Officer,
Siliguri Circle, Sevoke Road,
Siliguri – 734 001.
5. The Commandant,
HQ 112 Mtn. Brigade,
Pin – 908112,
C/O – 99 Apo. … Petitioners
versus
1. State of Sikkim,
Through the Chief Secretary,
Tashiling Secretariat,
Government of Sikkim,
Gangtok – 737101.
2. The Secretary,
Land Revenue and Disaster Management Department,
Tashiling Secretariat,
Government of Sikkim,
Gangtok – 737101.
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3. The District Collector,
Office of the District Collectorate,
Mangan District,
Pin – 737116, Sikkim.
4. The Sub-Divisional Magistrate,
Chungthang Sub-Division,
Mangan District,
Pin – 737120, Sikkim.
5. Zangpo Bhutia,
S/o Late Samohey Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
6. Tempo Bhutia,
S/o Late Joreden Bhutia,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
7. Pema Norbu Bhutia,
S/o Late Tenzing Bhutia,
R/o Sakumeh Lachung,
Mangan District,
Pin – 737120, Sikkim.
8. Tayching Bhutia,
S/o Late Sangay Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
9. Ningay Bhutia,
S/o Late Kunzang Namgay Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
10. Dorjee Kesang Bhutia,
S/o Dogay Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
11. Chozing Lachungpa,
S/o Late Nakching Lachungpa,
R/o Sakumeh, Lachung,
Mangan District,
Pin – 737120, Sikkim.
12. Tshering Lhamu Bhutia,
W/o Lakpa Thendup Bhutia,
R/o Sakumeh, Lachung,
Mangan District, Pin – 737120, Sikkim.
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13. Lendup Bhutia,
S/o Late Dawa Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
14. Enchungla Bhutia,
S/o Late Dorjee Tshering Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
15. Chokkyong Lachungpa,
S/o Late Sangdor Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
16. Lakpa Bhutia,
S/o Thendup Bhutia,
R/o Thomchi, Lachung,
Mangan District,
Pin – 737120, Sikkim.
17. Koksi Lhamu Bhutia,
D/o Lomdan Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
18. Dichen Bhutia,
W/o Late Sonam Chuzor Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
19. Kunga Bhutia,
S/o Late Tenzing Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
20. Sonam Tshering Bhutia,
S/o Late Loday Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
21. Lakpa Tshering Bhutia,
S/o Late Tashi Ongdi Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
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22. Kessang Tshering Bhutia,
S/o Late Lakpa Gyalsen Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
23. Pema Tsetan Lachungpa,
S/o Late Loday Gyatso Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
24. Zomden Lhamu Lachungpa,
W/o Gachuk Tshering Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
25. Gachuk Tshering Lachungpa,
S/o Late Chewang Norbu Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
26. Samten Lachungpa,
S/o Phuchung Lachungpa,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
27. Kumphel Dorjee,
S/o Passang Namgay,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
28. Kessang Jigmee Bhutia,
S/o Temphay Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
29. Zigmee Ongay Bhutia,
S/o Late Chewang Norbu Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
30. Pachen Ongmu Bhutia,
W/o Late Nenda Bhutia,
R/o Thomchi, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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31. Tamding Chewang Bhutia,
S/o Late Kunga Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
32. Nima Gyalsten Bhutia and Dawa Singhi Bhutia,
S/o Late Chipen Bhutia,
R/o Sakumeh, Lachung,
Mangan District,
Pin – 737120, Sikkim.
33. Kessang Doma Bhutia,
D/o Neydo Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
34. Norbu Bhutia,
S/o Zangpo Bhutia,
R/o Leema, Lachung,
Mangan District,
Pin – 737120, Sikkim.
35. Thuten Bhutia,
S/o Chongpen Dawa Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
36. Pema Choden Bhutia,
D/o Late Nawang Gyatso Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
37. Pema Tenzing Bhutia,
S/o Palden Dorjee Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
38. Nethup Bhutia,
S/o Late Ching Dorjee Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
39. Sona Choden Bhutia,
D/o Leda Bhutia,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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40. Norbu Zangpo Bhutia,
S/o Chewang Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
41. Karma Loday Lachungpa,
S/o Chetim Norbu Lachungpa,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
42. Thakchay Bhutia,
W/o Pema Dorjee Bhutia,
R/o Thomchi, Lachung,
Mangan District,
Pin – 737120, Sikkim.
43. Chundi Tharchen Bhutia,
S/o Chopay Lhamu Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
44. Paki Bhutia,
D/o Late Rinzing Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
45. Hangu Bhutia,
S/o Zamboo Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
46. Dawa Thendup Bhutia,
Tashi Ongyal Bhutia & Sonam Topgay Bhutia,
S/o Lendup Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
47. Gatuk Bhutia,
S/o Chuzor Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
48. Chundi Lachungpa,
S/o Kunchok Bhutia,
R/o Leema, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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49. Norgay Bhutia,
S/o Lakpa Lama,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
50. Kunzang Norbu Bhutia,
S/o Losay Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
51. Dawa Tshering Bhutia,
S/o Dorjee Memba Bhutia,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
52. Langdol Bhutia,
S/o Nidup Tshering Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
53. Tashi Pema Bhutia,
D/o Lakpa Tshering Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
54. Tashi Topgay Bhutia,
S/o Thenduk Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
55. Tshering Ongday,
S/o Pintso Bhutia,
R/o Sakumeh, Lachung,
Mangan District,
Pin – 737120, Sikkim.
56. Tshering Ongday,
S/o Pintso Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
57. Gyenchen Bhutia,
S/o Tshering Ongdey Bhutia,
R/o Chungthang,
Mangan District,
Pin – 737120, Sikkim.
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58. Nima Ongdi Bhutia,
S/o Tashi Ongdi Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
59. Mindu Tshering Bhutia,
S/o Tashi Ongdi Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
60. Yanku Tashi Bhutia,
S/o Late Dorjee Damdi Bhutia,
R/o Bichu, Lachung,
Mangan District, Sikkim
Pin – 737120, Sikkim.
61. Chungda Nima Lachungpa,
S/o Tenzing Hishey Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
62. Norbu Bhutia,
S/o Nedup Tshering Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
63. Thupden Lachungpa,
S/o Ningay Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
64. Passang Norzing Bhutia,
D/o Late Tenzing Bhutia,
R/o Singhik,
Mangan District,
Pin – 737116, Sikkim.
65. Thargay Bhutia,
S/o Late Gong Dadul Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
66. Zamyang Bhutia,
S/o Thendup Tshering Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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67. Dowang Wangchuk Bhutia,
S/o Thendup Wangchuk Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
68. Nedup Bhutia,
S/o Pempa Gokey Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
69. Tenzing Gyalsten Lachungpa,
S/o Tshering Thendup Lachungpa,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
70. Samching Lachungpa,
S/o Cho Topgay Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
71. Kunzang Zigmee,
S/o Namgyal Ongdi Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
72. Lakpa Bhutia,
S/o Phenday Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
73. Bhaichung Bhutia,
S/o Phumden Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
74. Karma Lachungpa,
S/o Late Sakkya Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
75. Chewang Kunley Lachungpa,
S/o Pintso Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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76. Ching Phuti Lachungpa,
W/o Klawa Sherap Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
77. Doma Lachungpa,
D/o Pempa Gokey Bhutia,
R/o Thomchi, Lachung,
Mangan District,
Pin – 737120, Sikkim.
78. Ongay Lachungpa,
S/o Pemgay Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
79. Tashi Pejo Bhutia,
S/o Pema Tenzing Lachungpa,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
80. K. John Lachungpa,
S/o Late Kunden Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
81. Kunzang Lachungpa,
S/o Tenzing Lachungpa,
R/o Sakumeh, Lachung,
Mangan District,
Pin – 737120, Sikkim.
82. Ongay Lachungpa,
S/o Karma Lachungpa,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
83. Sonam Rapden Lachungpa,
S/o Nenda Lachungpa,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
84. Chewang Rinzing Bhutia,
S/o Jorbu Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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85. Dorjee Lachungpa,
S/o Sonam Gyantsen Lachungpa,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
86. Kunzang Norbu and Dorjee Lachungpa,
S/o Late Sonam Gyantsen Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
87. Tashi Gyaltsen Lachungpa,
S/o Champa Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
88. Tenzing Gyatso Lachungpa,
S/o Tashi Ongdi Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
89. Ganden Lachungpa,
S/o Jorgay Kinga Lachungpa,
R/o Lower Sichey,
Gangtok District,
Pin – 737101, Sikkim.
90. Nima Bhutia,
S/o Jorbu Bhutia,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
91. Hissey Dorjee Bhutia,
S/o Nenda Bhutia,
R/o Thomchi, Lachung,
Mangan District,
Pin – 737120, Sikkim.
92. Karma Bhutia,
S/o Chopel Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
93. Tshering Ongmu Bhutia,
D/o Late Namdol Bhutia,
R/o Chungthang,
Mangan District,
Pin – 737120, Sikkim.
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94. Tseten Norbu Bhutia,
S/o Tamding Ongay Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
95. Chimik Lachungpa,
S/o Late Taching Lachungpa,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
96. Donka Bhutia,
D/o Singhi Bata Lachungpa,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
97. Phurbu Bhutia,
S/o Palkey Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
98. Rinchen Lachungpa,
S/o Zangpo Lachungpa,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
99. Tashi Thendup Bhutia,
S/o Phurbu Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
100. Choden Bhutia,
D/o Kessang Chewang Bhutia,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
101. Palzing Bhutia,
S/o K. Jhon Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
102. Hookching Bhutia,
S/o Late Chu Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
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103. Pema Ongda Bhutia,
S/o Losay Bhutia,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
104. Samden Bhutia,
S/o Panden Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
105. Lozang Hishey Bhutia,
S/o Chuzor Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
106. Pempa Dorjee Lachungpa,
S/o Dechen Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
107. Keem Bhutia,
D/o Ongdi Gaypi Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
108. Hissey Lachungpa,
S/o Tharchok Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
109. Nima Lhamu Bhutia,
D/o Dorjee Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
110. Dawa Tashi Lachungpa,
S/o Tashi Lachungpa,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
111. Pema Lachungpa,
S/o Thendup Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
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112. Takki Bhutia,
W/o Sonam Wongchuk Bhutia,
R/o Singhik, Lachung,
Mangan District,
Pin – 737116, Sikkim.
113. Chenga Pintso Lachungpa,
S/o Sonam Lachungpa,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
114. Pema Lachungpa,
S/o Tenden Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
115. Chewang Thenden Bhutia,
Kuki Bhutia and Tshering Chomu Bhutia,
S/o Pen Dorjee, D/o Pen Dorjee,
S/o Lozang Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
116. Denden Bhutia,
W/o Late Tshering Lama Bhutia,
R/o Phaka, Lachung,
Mangan District,
Pin – 737120, Sikkim.
117. Dabla Lachungpa,
S/o Serap Tenzing Lachungpa,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
118. Rangdol Bhutia,
S/o Namgay Bhutia,
R/o Bichu, Lachung,
Mangan District,
Pin – 737120, Sikkim.
119. Thentok Tshering Lachungpa,
S/o Kundup Lachungpa,
R/o Upper Sichey,
Gangtok District,
Pin – 737101, Sikkim.
120. Nindey Lachungpa,
S/o Ching Dadul Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
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121. Norgay Lachungpa,
S/o Late Tenden Lachungpa,
R/o Dogra, Lachung,
Mangan District,
Pin – 737120, Sikkim.
122. Tshering Ongdi Lachungpa,
S/o Sonam Lachungpa,
R/o Lachung,
Mangan District,
Pin – 737120, Sikkim.
123. Palden Lachungpa,
S/o Late Tshering Lama,
R/o Sharchok, Lachung,
Mangan District,
Pin – 737120, Sikkim.
124. Dorjee Chewang Bhutia,
S/o Tamding Bhutia,
R/o Singring, Lachung,
Mangan District,
Pin – 737120, Sikkim.
125. Kina Bhutia,
S/o Nindu Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
126. Sonam Gyaentsen Bhutia,
S/o Late Ninda Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
127. Cho Rajbor Bhutia,
S/o Late Wangchuk Palden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
128. Rangnu Bhutia,
S/o Thinlay Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
129. Tuezang Bhutia,
S/o Yongrup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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130. Tharkang Lachungpa,
S/o Late Ganden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
131. Suki Lachenpa,
S/o Late Akhaya Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
132. Tshering Yangzom Bhutia,
D/o Yakub Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
133. Engla Bhutia,
S/o Chyogen Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
134. Youber Bhutia,
S/o Late Yangdup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
135. Shezang Lachenpa,
S/o Late Rewang Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
136. Hishey Namgyal Lachenpa,
S/o Late Tawang Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
137. Palzor Lachenpa,
S/o Late Kyaden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
138. Boom Lachenpa,
S/o Late Anu Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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WP(C) No.28 of 2023
Union of India And Others vs. State of Sikkim And Others
139. Gelay Bhutia,
S/o Khalp Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
140. Kessang Bhutia,
S/o Tenten Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
141. Norchen Lachenpa,
S/o Late Dota Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
142. Thugay Lachenpa,
S/o Late Kadup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
143. Ugen Tenzing Bhutia,
S/o Late Gyaching Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
144. Cherpa Bhutia,
S/o Lakchung Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
145. Goan Sanchayat,
Pipon Lachen,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
146. Anil Lachenpa,
S/o Dhosum Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
147. Palzor Bhutia,
S/o Thenden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
148. Nima Tshering Bhutia,
S/o Gyabo Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
149. Nawang Tenzing Bhutia,
S/o Late Major Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
150. Sangchok Lachenpa,
S/o Late Kugo Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
151. Thupden Lachenpa,
S/o Late Thisung Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
152. Longchok Bhutia,
S/o Youhana Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
153. Lozang Bhutia,
S/o Chodup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
154. Chodup Bhutia,
S/o Kuncho,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
155. Phutuk Bhutia,
S/o Late Tshering Thendup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
156. Chingku Bhutia,
S/o Sasum Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
157. Gyalpo Bhutia,
S/o Pemba Bhutia,
R/o Chaten, Lachen,
Mangan District,
Pin – 737120, Sikkim.
158. Sonam Dadul Bhutia,
S/o Tashi Kumphel Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
159. Chongay Bhutia,
S/o Hapo Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
160. Huti Bhutia,
S/o Genden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
161. Sonam Gyatso Bhutia,
S/o Dupden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
162. Chewang Thendup Bhutia,
S/o Late Dogyal Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
163. Thitup Namgyal Bhutia,
S/o Nima Gyantsen,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
164. Sonam Gyaltsen Lachenpa,
S/o Late Ninda Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
165. Khandu Bhutia,
D/o Topden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
166. Kunthup Dawa Bhutia,
S/o Mika Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
167. Jula Bhutia,
S/o Late Gopa Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
168. Gatuk Bhutia,
S/o Leemak Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
169. Pema Chorap Bhutia,
S/o Atop Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
170. Zangrup Bhutia,
S/o Thatuk Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
171. Kulu Bhutia,
S/o Needup Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
172. Chung Lhamu Bhutia,
W/o Late Emi Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
173. Topjor Bhutia,
S/o Dotam Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
174. Billi Bhutia,
S/o Nola Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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WP(C) No.28 of 2023
Union of India And Others vs. State of Sikkim And Others
175. Zamyang Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
176. Rinzing Chewang Lachenpa,
S/o Late Rinzing Namgyal Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
177. Gatuk Lachenpa,
S/o Late Limak Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
178. Tamding Bhutia,
S/o Late Tamki Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
179. Daju Bhutia,
S/o Tamding Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
180. Ongdup Lachenpa,
S/o Late Samjor Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
181. Topjor Bhutia,
S/o Tshering Pintso Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
182. Pal Dorjee Lachenpa,
S/o Late Norching Bhutia,
R/o Lachen,
Mangan District, Pin – 737120, Sikkim.
183. Thitup Lachenpa,
S/o Late Kalay Bhutia,
R/o Lachen, Mangan District,
Pin – 737120, Sikkim.
184. Pema Chorab Lachenpa,
S/o Late Kumphel Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
185. Thakur Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
186. Mondal Bhutia,
S/o Maila Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
187. Tshering Wangdi Lachenpa
S/o Late Thatuk Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
188. Dukda Lachenpa,
S/o Late Norden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
189. Balay Bhutia,
S/o Thamik Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
190. Thitup Lachenpa,
S/o Late Doting Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
191. Dichen Bhutia,
S/o Pariko Bhutia,
R/o Lachen, Mangan District,
Pin – 737120, Sikkim.
192. Changba Bhutia,
S/o Chuzila Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
193. Kassang Lachenpa,
S/o Late Palden Bhutia,
R/o Lachen, Mangan District,
Pin – 737120, Sikkim.
194. Bandhu Bhutia,
S/o Late Gopa Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
195. Gyami Bhutia,
S/o Sepuko Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
196. Rikpa Bhutia,
S/o Topchen Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
197. Tshering Dorjee Lachenpa,
S/o Late Pempa Ragu Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
198. Dula Palden Bhutia,
S/o Norden Bhutia,
R/o Lachen,
Mangan District,
Pin – 737120, Sikkim.
199. Palden Lepcha,
S/o Late Topgay Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
200. Samten Lepcha,
S/o Late Topgay Lepcha,
R/o Choten, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
201. Phuchung Lepcha,
S/o Late Tshering Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
202. Pemba Lepcha,
S/o Chinbo Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
203. Tashi Lepcha,
S/o Angay Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
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Union of India And Others vs. State of Sikkim And Others
204. Norzang Lepcha,
S/o Dukden Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
205. Dukpa Lepcha,
S/o Sambuk Lepcha,
R/o Chungthang,
Mangan District,
Pin – 737120, Sikkim.
206. Sonam Palden Bhutia,
S/o Yougay Bhutia,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
207. Doma Lepcha,
W/o Late Thendup Lepcha,
R/o Chungthang,
Mangan District,
Pin – 737120, Sikkim.
208. Pembo Lepcha,
S/o Chinbo Lepcha,
R/o Pegong, Chungthang,
Mangan District,
Pin – 737120, Sikkim.
209. Zeerung Lepcha,
W/o Chuzang Lepcha,
R/o Bop, Chungthang,
Mangan District,
Pin – 737120, Sikkim. … Respondents
Petition under Articles 226 and 227 of the Constitution of India
---------------------------------------------------------------------------------
Appearance:
Mr. S. D. Sanjay, Senior Advocate (through VC) with Ms. Sangita
Pradhan, Deputy Solicitor General of India, Ms. Sittal Balmiki and Mr.
Amit Kumar Sharma, Advocates for the Petitioner.
Mr. Zangpo Sherpa, Additional Advocate General with Mr. S. K. Chettri,
Government Advocate, Mr. Sujan Sunwar, Assistant Government
Advocate and Mr. Mohan Sharma, Advocate for the Respondent Nos.1
to 4.
Mr. Sudesh Joshi, Senior Advocate with Mr. Sourav Singh and Mr.
Adarsh Gurung, Advocate for the Respondent Nos.5 to 209.
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Judgment Reserved on : 15.10.2026
Judgment Pronounced on : 29.10.2026
Judgment Uploaded on : 29.10.2026
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Page 24 of 40
WP(C) No.28 of 2023
Union of India And Others vs. State of Sikkim And Others
JUDGMENT
(A. Muhamed Mustaque, C.J.)
1. The Union Government, along with Defence Estate Officer under
the Ministry of Defence of the Government of India, approached this
Court with a Writ Petition challenging an Award passed under section
23 of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as the “LA Act, 2013”) by the District Collector of Mangan
District, Government of Sikkim.
2. The Indian Army, Ministry of Defence, Government of India,
proposed to acquire land covering a total of 102.1189 hectares located
in the revenue blocks of Lachen, Lachung and Chungthang, Mangan
District, Sikkim. These revenue blocks form a part of the high-altitude
Himalayas in India, known for its snow peaks, glacial lakes and vibrant
valleys.
3. The Indian Army proposed to acquire the land for the purpose of
Construction of a Key Location Places, as it is located close to the
international border. The area comes under the restricted and
protected zone. Those places are commercially important from the
standpoint of tourism but for the restrictions imposed on the use of
land, resulting in no transactions, so as to adopt the method of mode
of calculation as prescribed under Section 26(1) of the LA Act, 2013.
4. The question in this case, in fact, arises in peculiar
circumstances where an Award was passed by the Collector,
apparently placing reliance on Section 26(3) of the LA Act, 2013,
which permits passing an Award based on the minimum price per unit
fixed by the State Government. Thereafter, the Award was passed on
18.01.2023, fixing total compensation at ₹ 564,96,79,834/-.
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Union of India And Others vs. State of Sikkim And Others
5. The process of acquisition appears to have been started as early
as in the year 2016. As seen from Annexure-P2, dated 19.03.2018,
the Collector of Mangan District intimated the Defence Estate Officer
about the tentative cost of the land. The tentative market value of the
land calculated as per this communication was ₹ 240,22,36,915/-,
based on a calculation of ₹ 58.98 per sq. ft. Based on the tentative
cost, a proposal for the acquisition was made by the Army after
obtaining necessary permission from the Hon’ble President of India.
Based on sanction, the preliminary Notification under Section 11(1) of
the L.A. Act, 2013, was published on 17.08.2021. It appears that the
Collector had fixed the market value of the land at the rate of ₹ 65/-
per sq. ft. while issuing the preliminary Notification. Based on this
calculation, the Union Government deposited ₹ 230,13,06,465/-. The
Union Government apparently had no objection to the tentative cost
fixed at the rate of ₹ 65/- per sq. ft.
6. The Collector thereafter, on 02.08.2022, intimated the Defence
Estate Officer that he proposed to re-examine the fair compensation.
This was in the light of the Notification of the Energy and Power
Department, Government of Sikkim, issued on 04.12.2017, where the
rate was fixed at ₹ 300/- per sq. ft.
7. As seen from the various communications, land-owners made
representations to the Governor of Sikkim as well as the Chief Minister
of Sikkim for their intervention for fixing a fair price. Taking account of
such intervention as well as the Notification as above, the Collector
seems to have negotiated with the land-owners and fixed the rate at ₹
150/- per sq. ft. This was also approved by the State Government.
Accordingly, the Collector intimated the Defence Estate Officer to
deposit an additional amount of ₹ 3,34,83,73,369/-.
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Union of India And Others vs. State of Sikkim And Others
8. This Court also notes that the Government is also actively
involved in this process. The Commissioner-cum-Secretary, Land
Revenue & Disaster Management Department, Government of Sikkim,
fixed ₹ 150/- per sq. ft. in the note dated 25.05.2022, and this was
approved by the Hon’ble Minister concerned as well as the Hon’ble
Chief Minister but nothing is seen as an order of the Government.
9. The Defence Estate Officer, on 18.08.2022, requested the
Collector to reconsider the decision and to furnish the circle rate/three
years sale purchase data of the three blocks concerned. As seen from
the communication issued on 07.09.2022, the Defence Estate Officer
again requested the Collector to furnish the circle rate or details of
three years’ sale and purchase data of the area. A follow-up
communication to furnish circle rates is also seen on 06.10.2022 as
well as on 02.11.2022.
10. On 15.09.2022, the Principal Director, Defence Estates, Eastern
Command, Kolkata, set out detailed objections as to the revised
calculation proposed by the Collector. It is appropriate to refer to
paragraph 7:
“...........................................
7. In this connection kind attention is also drawn towards Govt.
of Sikkim notification No. 260 dated 07.05.2018 wherein Block
rates of land notified for Chungthang Circle varying from
Rs.51/- per sq.ft. to Rs. 61/- per sq.ft. In line of these rates DM
Mangan has the conveyed the land value amounting to Rs.
235,97,56,470/- and the same has been paid by DEO Siliguri to
State Govt. Now the rates have been revised by DM Mangan @
Rs. 65/- per sq. ft. which will lead to acquisition cost of Rs.
258,04,40,102/- and based on the total cost of acquisition per
sq.ft. estimated value of land to be paid to the land owners is
approx. Rs. 230/- per sq.ft. Therefore the statement that Rs.
65/- per sq.ft. found too low as compared to rate fixed by
Power Grid @ Rs. 300/- is not justified and not relevant here.
Further it is also submitted that as per revised rates @ Rs.
150/- sq.ft., total amount arrived by DM Mangan is Rs.
600,46,50,925/- for the notified land i.e. 102.7859 hectares
which will actually cost the Deptt. the rate of Rs. 542.92 per sq.
ft. which is much higher than the notified rates i.e. eight times
the notified rates and the same are much higher than, what has
been fixed by Power Grid.
.............................................”
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WP(C) No.28 of 2023
Union of India And Others vs. State of Sikkim And Others
It is also appropriate to refer to paragraph 9:
“................................
9. From the above, following facts has been emerged:
(a) Land rates fixed by state Govt. is without any supportive
justifiable reasons/analysis.
(b) As per RACTLARR 2013 land rates are to be fixed by the
concerned Collector after following due process as specified U/S
26 for determination of land value by the collector therefore
fixation of rates by Govt. itself is arbitrary.
(c) Rates fixed by Power Grid is Rs 300/- per sq.ft.,
whereas rates fixed for the Defence Deptt. is actually costing
the Defence Deptt. Rs. 542.92/- sq.ft. Even though Power Grid
is commercial body whereas Defence Deptt. is serving in the
interest of nation.
(d) Due to arbitrary Rates fixed by the state Govt. a huge
burden i.e. approx. 342.0 Crore in excess to the Defence Deptt.
than what has been arrived by Collector @ Rs. 65/- per sq.ft.
during 2022 itself.
(d) It is also pointed out that during 2018, rates fixed by
Collector was Rs. 58/- per Sq.ft. whereas after publication U/S
11 of RFCTLARR rates was fixed @ Rs. 65/- and now in contrary
to the procedure laid down U/S 26 of RFCTLARR 2013 rates
fixed by Collector has been revised by the State Govt. @ Rs.
150/ per sq.ft. without any basis.
(e) As the subject land is under hiring of Defence Deptt.
from the past 50 years therefore cost of immovable properties
may be excluded.
.................................”
11. The Collector, on 01.12.2022, issued a clarification with
reference to the letter dated 12.09.2022 issued by the Defence Estate
Officer. It is appropriate to refer to the reasons for justification of the
revised rates as referred to in his communication:
“......................................
4. The rate was increased based on the justification which are
as under-
a. The entire region being inhabited by Scheduled Tribes
and protected under Notification No. 3069/O.S dated:
24th March 1958 (old laws read with Article 371(f) of the
constitution of India) which prohibits any outsider to
occupy land in the those areas in order to protect the
interest of the indigenous and backward people in North
Sikkim. Because of the said notification even people from
other districts of the State are not permitted to purchase
land in North Sikkim. The entire region has a very limited
sale transaction.
b. The availability of private lands is also very limited as
most of the lands are categorized as forest lands limiting
access to locals. Further, most of the private lands have
already been occupied / acquired by different
organizations for various developmental projects viz
PGICL, Bharatmala etc. and therefore there is a huge
scarcity of land in that region and if those landowners are
not compensated properly, they will not be able to
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Union of India And Others vs. State of Sikkim And Others
purchase lands in other parts of the state where land
rates are much higher than the areas in question.
c. Almost all the lands which have been proposed to be
acquired by the Ministry of Defence, Government of India
are their ancestral lands and they have their socio-
cultural and emotional aspects attached with those lands.
d. The entire region is located closer to international
border and is strategically important.
On the basis of the justification provided the Government
approved the rate of land at Rs 150 per sq ft.
..............................”
12. As seen from the communication dated 17.01.2023 issued by the
Principal Director, Defence Estates, Eastern Command, Kolkata, the
Defence raised objections as to the revision of rates. It is appropriate
to refer to last portion of the paragraph 7 of the letter dated
17.01.2023 written to the Chief Secretary, Government of Sikkim by
the Principal Director, Defence Estates, Eastern Command, Kolkata:
“...........................
Here it is pertinent to mention that Govt. of Sikkim
notification No. 260 dated 07.05.2018 has fixed Block rates of
land notified for Chungthang Circle varying from Rs.51/- per
sq.ft. to Rs. 61/- per sq.ft. In line of these rates DC Mangan
has conveyed the land value amounting to Rs. 235,97,56,470/-
and the same has been paid by DEO Siliguri to State Govt.
Thereafter rates have been revised by DC Mangan @ Rs. 65/-
per sq. ft. vide their letter No.150/DC(M)/2021-22 dated
07.02.2022 which will lead to acquisition cost of Rs.
258,04,40,102/-. Further in the same year within a gap of six
months, the rates have been again revised to Rs. 150/-per
sq.ft. resulting in escalating the cost of acquisition to the tune
of Rs. 600 Cr. Therefore justification/reason stated by DC
Mangan is not in consonance with Section 26 of RFCTLARR
2013 and not tenable.
............................”
13. The Collector passed an Award on 18.01.2023. In the Award,
none of the objections as referred to in the communications issued by
the Defence Estate Officer have been adverted to, and, by fixing the
land value at ₹ 150/- per sq. ft., calculation of the compensation has
been made.
14. This Award is challenged in this Writ Petition, questioning the
procedure adopted by the Collector for revising the land cost for
determination of the compensation.
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Union of India And Others vs. State of Sikkim And Others
15. The Collector who passed the Award is actually an Officer
specially designated by the appropriate Government, in this case the
Union Government, to perform the functions of the Collector under the
L.A. Act, 2013. That means the Collector is the agent of the
Government. The Collector, by an Award, in fact offers the
compensation to the interested persons who are the claimants, and it
is open for the claimant either to accept the offer in the Award or seek
a reference in a manner admissible under Section 64 of the L.A. Act,
2013. The Collector, therefore, is not distinct from the appropriate
Government, though the Requiring Body may be distinct from the
appropriate Government. But the Requiring Body may sometimes be
identified by the Government itself, if the acquisition is for the own use
of the Government.
16. Thus, this paramount question arises in this matter, whether an
Award passed by the Collector, who is representing the appropriate
Government as an agent, can be questioned by the appropriate
Government itself, as there is no distinct status of the Collector other
than being a part of the appropriate Government. There is no provision
in the Land Acquisition enactments for a challenge to be raised against
the award by any of such authorities. The award in fact amounts to an
offer made by the Collector to the claimant on behalf of the Requiring
Body/appropriate Government.
17. The reliefs as sought in the Writ Petition perhaps cannot be
granted in a way it is sought by a writ of certiorari, inasmuch as one
cannot challenge its own order or Award. But a declaratory writ may
lie before this Court to avoid enforceability. A delicate question that
may arise is that in what circumstances such a writ would lie, that's
one of the questions to be answered here.
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Union of India And Others vs. State of Sikkim And Others
18. Therefore, the issue may arise for consideration whether this
Award is enforceable or it suffers from any vitiating element to declare
it unenforceable based on jural postulates that were created by the
law. These issues must be considered in light of the procedure
delineated under the LA Act, 2013. This statutory framework
establishes a jural postulate governing the legal relationships between
the appropriate Government or Requiring authority and the Collector,
as well as between the Collector and the landholder or claimant.
19. Following elaborate hearings on the above issues involved the
matter was reserved for judgment, thereafter the matter was listed on
th
October 26 to address a specific clarification. This arose because the
Collector passed an award under Section 23 that includes solatium.
Pursuant to the LA Act, 2013, solatium must be granted upon passing
the final award under Section 30. Thus, one more issue that arises for
consideration is the legality of such a composite award.
20. The jural relationship between the Appropriate Government and
the Collector under the LA Act, 2013, is one in which the Collector
represents the Appropriate Government in the manner contemplated
by the Act in all matters relating to the land sought to be acquired and
the measures for rehabilitation and resettlement. This representative
relationship, however, does not imply that the Appropriate
Government exercises plenary control over the Collector in the
discharge of statutory functions. The Collector is vested with
independent statutory powers, particularly in determining
compensation and taking such other measures as are contemplated
under the Act, subject to the limitations and requirements expressly
prescribed by its provisions.
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21. In determining compensation, the Collector is bound to follow
the procedure prescribed under Section 26 and to apply the relevant
parameters set out in Sections 28 and 29 of the LA Act, 2013. The
inquiry preceding the determination of compensation and the making
of the award is essentially administrative in character. In Surendra
1
Kumar Bhatia vs. Kanhaiya Lal and Others , the Hon’ble Supreme
Court delineated the principles governing the inquiry into market value
and the determination of compensation by the Collector, recognizing it
as administrative, rather than judicial, character of such an inquiry.
22. The statutory scheme also permits the authorities concerned to
place material and adduce evidence before the Collector to assist in
determining the appropriate amount of compensation. Section 95(2) of
the LA Act, 2013, contemplates the participation of the local authority
or the Requiring Body in adducing evidence for this purpose. Such
participation constitutes a statutory mechanism intended to assist the
Collector, in the course of the administrative inquiry, in arriving at a
fair and appropriate determination of market value. However, as is
evident from the proviso to Section 95(2), the local authority or
Requiring Body is not entitled, by virtue of that provision, to demand a
reference to the Authority under Section 64 for challenging the award.
23. The statutory scheme thus indicates that the initial inquiry and
determination of compensation constitute an administrative process,
notwithstanding the participation of different governmental authorities
and other statutory stakeholders. Such participation must remain
directed towards assisting the Collector in the discharge of the
statutory function vested in that office; it cannot displace the
Collector’s responsibility to arrive at a determination in accordance
1
2009) 12 SCC 184.
(
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with the Act. It follows that the Collector must duly consider the
objections, representations and submissions of the local authority, the
Requiring Body or the appropriate Government, as the case may be,
on whose behalf the proposed acquisition is initiated, together with the
relevant material placed before the Collector by the appropriate
Government, the Requiring Body and other Stakeholders. The reasons
and conclusions emerging from such consideration need not
necessarily be expressly recorded in the award as the inquiry does not
partake of a formal adjudicatory determination but retains its
administrative character, with the Collector remaining accountable to
the appropriate Government in accordance with the statutory scheme.
However, the administrative character of the inquiry does not dispense
with the Collector’s obligations to consider all relevant material and
objections in accordance with law. On the contrary, such consideration
is essential to ensure that the determination of compensation is lawful,
fair and consistent with the statutory scheme.
24. The relationship between the Collector and claimants, however,
stands on a totally different footing. The inquiry as contemplated at
the stage of considering objections is more quasi-judicial in nature.
The Collector is expected to consider the objections and conduct an
appropriate inquiry. Consequently, the Collector is not bound by the
conclusions reached during the initial stage of inquiry and can form a
different opinion regarding the compensation payable after considering
the objections of the persons concerned. Such exercise cannot be
undertaken without following the procedure applicable to a quasi-
judicial inquiry. That means the objections have to be considered in
the light of the law governing the determination of compensation as
applicable in this particular case, and the Collector must either accept
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or reject them for reasons that are duly recorded. The Collector is
therefore expected to pass a reasoned order addressing the objections
raised by the persons concerned.
25. There is a distinction between the Land Acquisition Act, 1894,
and the new enactment of the LA Act, 2013, in regard to the
procedures to be followed by the Collector for passing an award. Under
the LA Act, 1894, the award contemplated under Section 11
constituted the final determination of compensation and was treated
as the final award for the purposes of the Act. Section 15A of the LA
Act, 1894, empowered the appropriate Government to call for and
examine the record of proceedings before the Collector for the purpose
of satisfying itself as to the legality or propriety of the proceedings and
to issue appropriate directions before the award was made under
Section 11. Once the final award had been made, the Government
could not ordinarily reopen the matter by invoking Section 15A.
26. I n contrast to the procedure under the LA Act, 1894, the LA Act,
2013, prescribes a different statutory framework for determining
compensation and making an award. The first stage of this process is
governed by Section 23. At this stage, the Collector determines the
market value of the land as on the date of publication of the
preliminary notification and considers the other relevant factors
specified under the Act. The determination made at this stage may, for
the purposes of the present case, be regarded as a preliminary award
for determination of total value of land, although the statute does not
expressly designate it as a preliminary award. Thereafter, the Collector
is required to proceed with the determination and declaration of the
final award in accordance with Section 30. In the final award, the
Collector must provide for solatium at the rate of 100 percent of the
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compensation amount, in accordance with the statutory scheme.
Further, as contemplated under Section 30(2) of the LA Act, 2013 the
Collector is required to make individual awards specifying the
particulars of the compensation payable to each person entitled
thereto and the details of payment in accordance with the First
Schedule to the Act. This statutory framework indicates that the
determination under Section 23 concerns the valuation of the land and
the relevant components of compensation, whereas the final award
must specify the compensation payable to each individual landholder,
together with the applicable solatium and other statutory benefits.
Thus, the determination of market value and the making of the final
award constitute distinct stages of the statutory process, each of which
must comply with the relevant provisions of the LA Act, 2013.
27. Then, the question is whether the Collector is empowered to
pass a composite award incorporating both the determination of value
as referred to in Section 23 and other aspects referred to in Section 30
of the LA Act, 2013. Although the law does not prohibit such a course
but having considered the purport of section 36 which are analogues
provision to the section 15A of LA Act, 1984, this Court finds, it would
be inappropriate on the part of the Collector to have recourse to
passing a composite award. To understand this issue, it is appropriate
to refer to Section 36 of LA Act, 2013, which reads as thus:
“……………………………..
36. Power to call for records, etc.-The appropriate Government
may at any time before the award is made by the Collector
under section 30 call for any record of any proceedings
(whether by way of inquiry or otherwise) for the purpose of
satisfying itself as to the legality or propriety of any findings or
order passed or as to the regularity of such proceedings and
may pass such order or issue such direction in relation thereto
as it may think fit:
Provided that the appropriate Government shall not pass or
issue any order or direction prejudicial to any person without
affording such person or reasonable opportunity of being heard.
……………………………..“
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28. This shows that the appropriate Government has the power to
satisfy itself as to the legality or propriety of any procedure or finding
or order passed, including any finding resulting in an award
determining the compensation as per the preliminary award under
Section 23. Though Section 36 does not provide for any remedy for
individuals or the Requiring authority, considering the nature of power
conferred upon the appropriate Government, it is discernible that
even a party can invoke such jurisdiction of the Government apart
from the suo motu power that can be exercised by the Government
under Section 36. The Apex Court in Pune Municipal Corpn. vs. State
2
of Maharashtra and Others laid down the law regarding revisional
power of the State Government under Section 34 of the Urban Land
(Ceiling and Regulation) Act, 1976 and opined as follows:
“……………………………………
24. We are, however, unable to uphold the said contention. It
is true that Section 34 enables the State Government to
exercise revisional powers suo motu. That, however, does not
mean that a party cannot invoke such jurisdiction. A revision
can also be filed by party aggrieved and it can invite the
attention of the Revisional Authority as to illegality or
impropriety of any order passed under the Act. The revision
filed by the landowners, therefore, could not be held to be not
maintainable.
……………………………………“
29. In the light of the legal provision under Section 36, it is ex facie
to hold that the Collector, after determination of the compensation
under Section 23, will have to wait for a reasonable period of time to
ensure invocation of the legal remedy under Section 36. If not, section
36 will become otiose and redundant. If a composite award is passed
the remedy of the government to invoke section 36 will be foreclosed
as the statute itself contemplates passing an award in two different
phases, one under Section 23 and one under Section 30 of the LA Act,
2
( 2007) 5 SCC 211.
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2013. However, inquiry by the Government will have to confine to the
extent well defined contours of revisional power. Its review must
strictly remain with the established boundaries of revisional authority,
focusing solely on the legality or propriety of the rate-fixation finding
in matters like this. Therefore, the Government will have to consider
whether the Collector adhered to the requisite procedural framework in
determining the rate.
30. This Court has considered in detailed arguments advanced
regarding the procedure followed by the Collector for determination of
compensation. It is seen from the records, that on 15.09.2022,
30.11.2022, 17.01.2023, 18.01.2023, even before the determination
of compensation under Section 23, the Ministry of Defence requested
the Government on several occasions, thereafter, on 02.03.2023,
04.05.2023, the Ministry had further requested to reconsider the rates
fixed.
31. These communications indicate that the Ministry of Defence was
seeking reconsideration of the determination of rate and questioned
the legality and propriety of the procedure followed for determination
of the compensation. In such a situation, the Government is expected
to invoke its power under Section 36 to inquire, after affording
opportunity to all concerned, and decide whether determination of rate
for awarding compensation by the Collector is in accordance with the
stated principles of law and as per the procedure to be followed for
determination of the compensation as provided under the LA Act,
2013. The Government had not addressed these issues. It is true that
the Collector followed a rate subsequently fixed by the Government
after the notification under Section 11 was passed. That does not
mean the Government's hands are tied to examine the matter as
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inquiry to be conducted under section 36 is quasi judicial inquiry
distinct from inquiry related to fixation of rate under administrative
act.
32. The award passed by the Collector, insofar as it combines the
determination of compensation under section 23 with the award of
solatium under section 30, is in opinion of this Court, legally
unsustainable and unenforceable, inasmuch as that would foreclose
the right of the Union Government to question the determination of
the value by the Collector under Section 23. The Government is
therefore bound to examine the matter as to the legality and propriety
of the determination of compensation by the Collector.
33. The Writ Petition is maintainable in the present case, not for the
purpose of seeking a conventional writ of certiorari, but rather for a
declaration that the award having been made in a manner that defeats
the statutory scheme and in violation of statutory rules as it would
foreclose the requiring authority's right to question the legality of
determination of rate under section 23 by invoking Section 36. The
legal position in this regard is clear. The Hon’ble Supreme Court in
Agra Development Authority vs. Special Land Acquisition Officer and
3
Others , referring to violations of procedure, pointed out that the local
authority should be given an opportunity to adduce evidence, as
referred to under Section 50 of the LA Act, 1894 which is similar to the
corresponding provisions under 95 (2) of the LA Act, 2013 and opined
that, the Writ Petition was maintainable to the limited extent.
34. There may also be a situation where the Collector acts mala fide
or in clear violation of the statutory provisions. In such situations, it
cannot be held categorically that a writ petition at the instance of the
3
(2001) 2 SCC 646.
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requiring authority is not maintainable. But, as noted above, the
limited scope of the writ at the instance of the requiring authorities, or
at instance of the appropriate Government is concerned, can only be
by way of declaratory writ to declare that the award is unenforceable
for violation of statutory provisions or on account of mala fides. The
writ jurisdiction under Article 226, cannot be invoked in a routine
manner challenging the award by the Collector, as the law does not
contemplate a challenge to an award by such authority. The statutory
scheme reserves the right to seek a reference to persons interested,
other than the local authority or requiring authority, as seen from the
proviso under Section 95(2), of the LA Act.
35. In the present case, since there is a glaring error in passing the
composite award, foreclosing the remedy of the requiring authority to
question the legality and propriety before the Government, the award
has become unenforceable, inasmuch as the award passed can only be
treated as a determination of market value under Section 23 and not
beyond. The Government will have to examine the legality and
propriety of the determination of rate for market value by the Collector
under Section 23, after affording an opportunity to all parties
concerned, and will have to pass a reasoned order dealing with the
objections raised.
36. The earlier determination of the compensation rate by the
Government, shall not, by itself, operate as a bar to such
reconsideration, as it was an administrative act. The Government can
revisit the same invoking section 36 following quasi judicial inquiry by
adverting to the procedures prescribed under the LA Act, 2013 for
determination of rate or value of the land. Since the date of publication
of the preliminary notification under Section 11 is the relevant date for
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determination of the market value of the land, the valuation must be
assessed with reference to that date and in accordance with the
applicable statutory principles.
37. Accordingly, this Court passes the following orders:
(i) The award passed by the Collector shall, for the present
purposes, be treated only as a determination under Section 23
of the LA Act, 2013 and not as a final award.
(ii) The Government shall consider the objections raised by the
Union Government and the Defence Estate Office concerning the
legality and propriety of the rate fixed for determining the
compensation under Section 23.
(iii) The aforesaid exercise shall be completed within a period of six
weeks. It is reiterated that all concerned persons, including the
landholders, shall be afforded an opportunity of hearing, before
the Government takes a decision in this matter.
(iv) Thereafter, the Collector shall proceed to pass the final award in
accordance with the decision taken by the appropriate
Government under Section 36, and the applicable provisions of
the LA Act, 2013 including Sections 23 and 30.
38. Accordingly, WP(C) No. 28 of 2023 is disposed of in the above
terms.
39. I.A. No.4 of 2026 dated 26.05.2026 filed by the Petitioner No.4
for placing the requisition as well as the additional affidavit dated
16.10.2026 filed by the Petitioners for placing on record the Collector’s
Award dated 11.03.2025 are taken on record.
40. Pending Interlocutory Application(s), if any, also stand disposed
of.
Chief Justice
Approved for reporting: Yes .
ds/ami/arc
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