Oil And Natural Gas Corporation ... vs Amrit Lal Deb And 4 Ors
2022 Latest Caselaw 2213 Gua

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GAHC010087132022




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

                                 Case No. : LA.App./1/2022

            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

            AMRIT LAL DEB AND 4 ORS.
            S/O LATE RAM KUMAR DEB
            RESIDENT OF MALIGAON, GUWAHATI

            2:AMULYA CHANDRA DEB
             S/O LATE RAM KUMAR DEB
            RESIDDEN OF MALIGAON
             GUWAHATI

            3:NISHI KANTA DASGUPTA
             S/O LATE KALI KUMAR DASGUPTA

            RESIDENT OF LABAN
            SHILLONG
            MEGHALAYA

            4:THE STATE OF ASSAM
             REPRESENTED BY THE COLLECTOR
             CACHAR
            ASSA

Advocate for the Petitioner   : MR G N SAHEWALLA
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Advocate for the Respondent : GA, ASSAM




                                     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. 5.

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. 348/2000.

3. Mr. Sahewalla, learned senior counsel appearing for the appellant has contended that the reference is barred by f 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.

4. Mr. Deka, learned senior counsel appearing for the respondent no. 5 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. 5, 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 nos. 1 - 4 by registered post with A/D within 3 [three] working days from today.

JUDGE

Comparing Assistant