Case BriefsHigh Courts

Punjab and Haryana High Court: A Single Judge Bench comprising of Anil Kshetarpal, J. disposed of a revision petition by allowing construction of a portion of the subject building.

Plaintiffs had filed a suit for possession of a land claiming themselves to be the owner of the said property. They claimed that the further reconstruction was done during the pendency of the suit.

The defendant-petitioner claimed that the entire disputed area was under construction and only the areas that were marked by them were to be completed which only comprised of a house which was incomplete on account of the stay order. Additionally, it was alleged by them that the plaintiff was using it for their residential purposes. Referring to the reconstruction at the time of the suit, they contended that the construction was already complete by then.

The High Court held that no useful purpose would be served if the defendant-petitioner was not allowed to finish construction of their house. Accordingly, the revision petition was allowed.[Jagdish v. Manjeet, 2017 SCC OnLine P&H 5048, Order dated 06-12-2017]

Case BriefsHigh Courts

Sikkim High Court: A Single Judge Bench comprising of CJ Vijai Kumar Bist, disposed of a writ petition on carefully observing that an alternative remedy under the Sikkim Greenfield Airport, Pakyong (Settlement of Claims for Loss and Damages) Act, 2018 is available for claiming compensation by filing a claim petition thereunder.

In the present petition, the petitioner had started to construct his house on a plot at Karthok Block, Pakyong, East Sikkim. He had constructed a protective wall in order to withstand the natural calamities. Petitioner on completion of the construction of ground floor found that all the walls of the ground floor had developed many major and minor cracks.

The Counsel for the petitioner submitted that the damaged building was assessed by the Buildings and Housing Department, Government of Sikkim for Rs 65,41,062 and he was entitled to the same from the State Authority. High Court’s order for complying with same was not adhered to which led to the filing of the contempt petition before this Court.

An additional submission was that the respondents had paid compensation to other affected persons except for the petitioner.

Thus, the Court noted the submissions of the parties and reached a conclusion by stating that the petitioner is entitled to compensation for the loss and damage suffered by him, but same cannot be awarded to him by issuing direction in this petition due to the alternative remedy available to him under the Sikkim Greenfield Airport, Pakyong (Settlement of Claims for Loss and Damages) Act, 2018. The writ petition was accordingly disposed of. [Hantey Gyatso Kazi v. State of Sikkim,2018 SCC OnLine Sikk 233, dated 15-11-2018]