Oil And Natural Gas Corporation ... vs Pallorbund Tea Ltd. And Anr
2022 Latest Caselaw 2210 Gua

                                                                  Page No.# 1/3

GAHC010087132022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                               LA.App./6/2022

         OIL AND NATURAL GAS CORPORATION LTD.
         A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE
         COMPANIES ACT
         1956 HAVING ITS REGISTERED OFFICE AT PLOT NO. 5A-5B
         NELSON MANDELA ROAD
         VASANT KUNJ
         NEW DELHI 110070 AND ONE OF ITS UNIT AT CACHAR PROJECT
         PO SRIKONA
         DIST CACHAR
         ASSAM AND IS REPRESENTED BY SRI SOMNATH CHOUDHURY
         MANAGER (HR) OF ONGC
         SRIKONA
         SILCHAR
         DIST CACHAR
         ASSAM


          VERSUS

         PALLORBUND TEA LTD. AND ANR.
         AN INCOPORATED COMPANY HAVING ITS REGISTERED OFFICE AT 3N
          LAL BAZAR STREET
         KOLKATA 700001

         2:THE STATE OF ASSAM
         REPRESENTED BY THE COLLECTOR
          CACHAR DISTRICT
          PO SILCHAR
          CACHAR
          ------------
         Advocate for : MR G N SAHEWALLA
         Advocate for : GA
         ASSAM appearing for PALLORBUND TEA LTD. AND ANR.
                                                                                   Page No.# 2/3




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

27.06.2022

Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. D. Baisya, learned counsel for the appellant and Mr. P.S. Deka, learned senior counsel assisted by Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent no. 2.

2. This appeal has been preferred by the appellant under Section 54 of the Land Acquisition Act, 1894 against a judgment dated 06.12.2021 passed by the learned Additional District Judge [FTC] Cachar at Silchar in Misc.[Land Acquisition] Case no. 2/2012.

3. Mr. Sahewalla, learned senior counsel appearing for the appellant has contended that the reference is barred by limitation as the Award was made on 17.04.1995 and the reference was forwarded on 18.06.1998.It is submitted by Mr. Sahewalla that sub-section [2] of Section 18 of the Land Acquisition Act, 1894 has provided for the period of limitation and as per the appellant's contention, the same is 6 [six] months from the date of the Collector's Award. It is also his contention that the appellant was not impleaded as a party before the Reference Court.

4. Mr. Deka, learned senior counsel appearing for the respondent no. 2 has submitted that the issue of limitation is not relevant as the judgment has been passed by the Reference Court after the matter was remanded.

5. Issue notice to the respondents, returnable in 4 [four] weeks.

6. As Mr. Talukdar, learned Junior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent no. 2, no formal notice need to be issued to the Page No.# 3/3

said respondent. Ms. Baisya, learned counsel for the appellant shall furnish requisite nos. of extra copies along with the annexures, to Mr. Talukdar within 3 [three] working days.

7. The appellant shall take steps for service of notice upon the respondent no. 1 by registered post with A/D within 3 [three] working days from today.

JUDGE

Comparing Assistant