Observer building demolition: High Court grants stay, calls for records

Gangtok, April 3: The High Court of Sikkim has asked for records on land encroachment at Jigme N. Kazi’s Sikkim Observer building here at Nam Nang.

The State Government which demolished a portion of the three-storey  building last Monday and Tuesday has alleged that Kazi had encroached about 1600 sq ft of government land “at the backside” of his building where Chintan Bhawan is located.

Kazi, while acknowledging that the encroachment is on all sides of the building, has been stating that the allegation that all encroachment has taken at the backside of his building is baseless and mischievous.

After demolishing Kazi’s greenroom, a kitchen-cum-godown and a store room on the terrace the demolition squad demolished four rooms and four toilets on the third storey of the building.

Under the orders of East District Collector P. Verma eviction and demolition team led by SDM (East) KL Lepcha lay siege on Observer building on March 23 and 24. If the High Court had not intervened and given the stay order on Tuesday afternoon all sides of Kazi’s entire building would have been demolished.

However, realizing that the building was unsafe and unlivable Kazi and his family were forced to evacuate their belongings from the house on Monday night. The family took shelter at Prince Palden’s residence at Kazi Road where they will live temporarily until the final outcome of the writ petition filed in the High Court. The building is not only Kazi’s home but houses his press office and printing press.

On March 26 the High Court gave a written stay order and directed the parties to file relevant records showing the area of alleged encroachment. Kazi’s lawyer Udai P. Sharma has welcomed the court’s direction. Sharma is assisted by MN Dungel, Passang Tshering Bhutia and Yok Kumar Rai.

The government, the court of appeal and East District DCs have repeatedly ignored records showing the area and extent of encroachment. Records, which have been with the authorities for more than a decade, reveal that Kazi has not encroached on land belonging to PWD at Chintan Bhawan area, located at the backside of his building. The only area at the backside of the building used by Kazi lies outside the wall and fencing of the Chintan Bhawan premises which were of no use to the government.

Since 1998 and for 18 years Kazi has been requesting the government and the courts to regularize the encroached portion of the land. (Sikkim Observer, April 4-10, 2015)