Gauhati High Court
Oil And Natural Gas Corporation ... vs Alomara Begum Barbhuiya And 19 Ors on 27 June, 2022
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GAHC010087132022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LA.App./4/2022
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
ALOMARA BEGUM BARBHUIYA AND 19 ORS.
W/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
2:AYESHA SULTANA BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
Page No.# 2/6
3:FIRUZA SULTANA BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
4:SHAMIM SULTANA BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
5:EYAHYAH AHMED BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
6:MUMPY SULTANA BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
7:EJAZ AHMED BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM TO BE REPRESENTED BY ALOMARA BEGUM
8:FEROZ AHMED BARBHUIYA
D/O LATE MAKADDAS ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM TO BE REPRESENTED BY ALOMARA BEGUM
9:AKADDAS ALI BARBHUIYA
S/O LATE ASKAR ALI BARBHUIYA
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
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ASSAM
10:MD. LAL AHMED MAZUMDAR
S/O LATE HARUN RASHID MAZUMDAR
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
11:MUSSTT. NUS
D/O LATE HARUN RASHID MAZUMDAR
RESIDENT OF NEAR BEGUM MAZUMDAR
VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
12:MAJARAF ALI
S/O LATE MASADDAR ALI
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
13:SAIDUR RAHMAN LASKAR
S/O LATE ABDUL LATIF LASKAR
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
14:ASIK UDDIN MAZUMDAR
S/O LATE ABDUL BARI MAZUMDAR
RESIDENT OF VILLAGE SRIKONA PART II
PO SRIKONA
RAJNAGAR
SILCHAR
ASSAM
15:OMKAR NAG
S/O LATE KUMUD CH. NAG
RESIDENT OF HOSPITAL ROAD
SILCHAR 1
CACHAR
REPRESENTED BY HIS ATTORNEY SRI ASHOK CH. DAS
SON OF BIPIN CH. DAS
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RESIDENT OF HOSPITAL ROAD
SILCHAR 1
CACHAR.
16:NILIMA NAG
W/O LATE KUMUD CH. NAG
RESIDENT OF HOSPITAL ROAD
SILCHAR 1
CACHAR
REPRESENTED BY HIS ATTORNEY SRI ASHOK CH. DAS
SON OF BIPIN CH. DAS
RESIDENT OF HOSPITAL ROAD
SILCHAR 1
CACHAR.
17:PROMOD CH. CHOUDHURY
S/O LATE KHIRODE CH. CHOUDHURY
RESIDENT OF LABAN
SHILLONG
MEGHALAYA
REP. BY HIS POWER OF ATTORNEY HOLDER
BAKUL AHMED LASKAR
SON OF SAIZAD ALI LASKAR
RESIDENT OF RANGIRKARI
SILCHAR
BARAKPAR
CACHAR.
18:NIRODE CH. CHOUDHURY
S/O LATE KHIRODE CH. CHOUDHURY
RESIDENT OF LABAN
SHILLONG
MEGHALAYA
REP. BY HIS POWER OF ATTORNEY HOLDER
BAKUL AHMED LASKAR
SON OF SAIZAD ALI LASKAR
RESIDENT OF RANGIRKARI
SILCHAR
BARAKPAR
CACHAR.
19:THE STATE OF ASSAM
REPRESENTED BY ITS SECRETARY
REVENUE AND DM(LR) DEPT. DISPUR
GUWAHATI 781006
ASSAM
20:THE DEPUTY COMMISSIONER CUM COLLECTOR
CACHAR
SILCHAR
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------------
Advocate for : MR G N SAHEWALLA
Advocate for : GA
ASSAM appearing for ALOMARA BEGUM BARBHUIYA AND 19 ORS.
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 nos. 19 & 20.
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. 170/1998.
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.
4. Mr. Deka, learned senior counsel appearing for the respondent nos. 19 & 20 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 notices on behalf of the respondent nos. 19 & 20, no formal notices need to be
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issued to the said respondents. 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 - 18 by
registered post with A/D within 3 [three] working days from today.
JUDGE
Comparing Assistant
