Site allotments on hold till proper regulations framed

GANGTOK, 04 Dec: The Supreme Court has directed that the allotment of housing sites and additional sites in the State of Sikkim be stopped till the fulfillment of certain conditions by the state government. The apex court has intervened in this regard as it was ascertained by the court that the state government had not yet framed any rules or regulations for allotment of sites under Section 3 of the Sikkim Allotment of Housing Sites and Construction of Building (Regulation and Control) Act, 1985.

Following this order of the Apex Court, the State government has, in compliance with the order, also decreed that there is now a ban on allotment of housing sites and additional sites in the entire state of Sikkim by all the departments till proper regulations for site allotments are framed in accordance with section 3 Sikkim Allotment of Housing Sites and Construction of Building (Regulation and Control) Act, 1985. This directive was issued by the State Government in November, 2011.
This directive of the Supreme Court was issued in late August this year in the wake of a petition filed in the year 2004 by Daniel Lepcha against the Chief Minister, Pawan Chamling and others who were at that time cabinet ministers and officials of the state government and had been allotted parcels of land at 5th Mile Tadong, Gangtok.
According to the appellant and the proforma respondents, the land in question was acquired for a public purpose,namely, the establishment of Rolling Flour Mill, but after the mill was closed down, plots were carved out by the Urban Development and Housing Department and allotted to the selected persons at a “throwaway” price.
This petition had initially been filed in the Sikkim High Court which had dismissed it on the grounds that it was highly belated and also on the ground that it was politically motivated. The main grounds of the petitioner who then went on appeal to the Supreme Court was that the allotment had been done with arbitrary exercise of power, mala fides, favouritism and nepotism. In fact, the claim was that about 200 persons were allotted land for extraneous considerations and in violation of the provisions contained in the Sikkim       Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985.
In its final order, the Supreme Court has observed that “…it will be wholly inequitable to quash the allotments at this belated stage by entertaining the prayer made by the appellant because majority of the allottees have already raised construction and some of them are using constructed buildings for residential purposes.”
However the court also noted that upon query made by it on whether notifications in terms of Section 3(1) and (4) of the Act have been issued and whether the rules have been framed for allotment of sites, a letter, dated 17 August, 2011, sent by Additional Chief Town Planner, Urban Development and Housing Department, was placed before the Court “…stating therein that the requirement of Section 3 of the Act will be complied with within a period of six months for Gangtok Municipal area and the rules will be framed for the whole State and that no allotment would be made in the meantime.”
The Supreme Court, in view of this submission by the state dismissed the appeal “…with the direction that the State Government shall take action in accordance with Section 3 of the Act and issue notification under Section 3(1) and (4) for the entire State within a period of six months. The rules for implementation of the provisions of the Act shall also be framed within that period and till then no allotment shall be made under the Act.”


Section 3 of the Sikkim Allotment of Housing Sites and Construction of Building (Regulation and Control) Act, 1985
3. Declaration of Notified area and preparation of plans.
(1) The Government shall, from time to time, by notification, declare any area as a notified area for the purpose of this Act.
(2) The Government shall, within six months but not later than one year from the date of commencement of this Act, prepare a plan indicating the area –
(i) for residential purposes;
(ii) for commercial purposes;
(iii) for residential-cum-commercial purposes;
(iv) for industrial purposes;
(v) for public and semi-public open places, parks, play grounds and Community Hall.
(3) The Government shall indicate and specify sites for residential, commercial and industrial purposes.
(4) The Government shall publish within fifteen days from the preparation of such plan with details as mentioned in sub-section (2), by notification, and in such other manner as may be splecifiedn in this behalf.