GANGTOK, India, April 1 -- Sikkim High Court issued the following judgment/order on March 2:

1. Heard W.A. No.02 of 2026 and W.A. No.03 of 2026.

2. Both matters came up for admission. We propose to dispose of both these matters together.

3. The Respondents have also entered appearance.

4. We have the advantage of hearing learned Counsel for the Appellant as well as learned Counsel for the Respondents.

5. These matters arise in these appeals from two separate writ petitions filed by landholders whose houses are alleged to have suffered damage consequent upon the works undertaken by the appellant on behalf of the Railways.

6. The main issue is with regard to the sustainability of the interim orders dated 12.12.2025 passed by the learned Single Judge directing payment of compensation. There are two issues, one, is the maintainability of the writ appeal; and the second, is a direction to pay interim compensation warrants interference by this Court in appeal or not.

7. With regard to maintainability, we have no doubt that an order affecting substantial rights of the parties; an appeal would lie under Rule 148 of the Sikkim High Court (Practice and Procedure) Rules, 2011 before this Court. The impugned order, directing payment of compensation, could not have been passed without impinging on the rights and obligation of the parties. Such an order, by its very nature, affects the substantial rights of the parties and, in such circumstances, the appeal would lie before this Court. We, therefore, hold that the impugned order is appealable. 8. The question regarding sustainability of the order, we have heard the parties at length. We have noted that at the outset, no interim application had been filed by the writ petitioner before the learned Single Judge. There may arise situations where compensation can be awarded by way of interim relief, particularly where there exists an immediate threat to the life of a citizen and no other means are available to safeguard their life and liberty. In such exceptional circumstances, the Writ Court is empowered to pass appropriate interim orders, having due regard to the facts and exigencies of the case. None of the circumstances have been narrated before the learned Single Judge to pass such an interim orders by filing an application(s) for interim relief.

*Rest of the document can be viewed at: (https://hcs.gov.in/hcs/hg_orders/203600000032026_1.pdf)

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