Sikkim High Court: The Division Bench of Biswanath Sommader, CJ. and Meenakshi Madan Rai, J., decided on a petition which had been treated as Public Interest Litigation on the basis of a letter dated 3rd March, 2020, received from the public of Syari, East Sikkim, Gangtok, stating that the public of Syari, East Sikkim, were facing problem after they were barred from using the footpath along the entry point from the Army area, Ganju Lama Dwar, Ward no. 01, 02, 03 and 04 under Syari, East Sikkim.
It was stated that the fencing of the entire Army area by the Army personnel and locking the area and barring the residents of the said area from commuting through the said route had led to harassment and difficulties.
Affidavit affirmed by the Special Secretary of Land Revenue and Disaster Management Department mentioned:
“4. I say that after thorough discussions, the following resolutions were passed and agreed upon by all:-
- The road from ‘VC Ganju Lama Dwar’, Deorali to Syari, falling under the jurisdiction of Indian Army will remain open for commuters and for Public Transport till an alternative solutions is worked out.
- There will be no restrictions for transportation of essential commodities, milk supply and others necessary items from this road/route.
- The contact no. of concerned person (Army) will be displayed on the gate in case any sort of permission is required for emergency entry and exit.
- Alternative road will be constructed subject to NOC from the landowners.
- Principal Chief Engineer, Roads and Bridges Department, GOS will facilitate to carry out the survey of the proposed alternative road in consultations with the public of the area if NOC for the same is obtained.
- The village Panchayat will work on the modalities for identification of genuine vehicle/person entering the gate.
A copy of the minutes of the meeting held on 29.07.2021 is filed herewith and marked as Annexure R- 1.”
The Court disposed off the petition stating that an amicable solution has been arrived at by all concerned including representatives from the Army with a direction upon all concerned to adhere to the Resolution which was agreed upon by all and passed on 29th July, 2021, in a meeting held under the Chairmanship of the Hon’ble Minister, Shri Kunga Nima Lepcha, at the Minister’s chamber.
[Closure of entry point for the public of Syari by the army at Ganju Lama Dwar, Syari, In Re.; 2021 SCC OnLine Sikk 158, decided on 21-10-2021]
Suchita Shukla, Editorial Assistant has reported this brief.
