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Judgment
Biswanath Somadder, CJ
Having heard the learned advocate for the parties and upon perusing the pleadings on record as well as the orders that have been passed from time to time, it appears that the bone of contention in the instant matter can be narrowed down to a stretch of 600 metres only in respect of the land in question, which is used by the local residents of Samdur village situated in East Sikkim, where there is a fencing made by the Army authorities.
The learned Assistant Solicitor General submits, on instruction, that so far as 600 metres stretch is concerned - shown as Point 'E' to Point 'F' in Annexure P-1 (Colly.), to the writ petition - the road is being maintained by the Army.
We are, however, of the view that notwithstanding maintenance of the road by the Army, the fence can be shifted a little, let's say, about ten to fifteen feet towards the north, above the road, so that the local residents of Samdur, East Sikkim, can have free access between Point 'E' and Point 'F' as shown in the map, being Annexure P-1 (supra). The shifting of the fence shall be carried out and completed as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from the date of communication of the photostat certified copy of this order upon the concerned respondent authority, being the respondent no.1.
So far as the use of the stretch of road from M.P. Golai to various villages in Samdur area, as shown in Annexure P-1 (supra) is concerned, the right of use by the residents - who have been using the said stretch for centuries - shall not be disturbed in any manner by the Army authorities and the local villagers shall have unobstructed and unhindered ingress and egress thereto.
The writ petition stands disposed of, accordingly.